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1994 SCMR 1966

SALEEM AKHTAR LONGAI and anothers vs ABIDA SULTANA

Citation1994 SCMR 1966
CourtSupreme Court of Pakistan
Case No.C.R. No, 413 of 1992 Civil Petition No, 393 of 1992
Date1993-01-12
Judge(s)Muhammad Afzal Zullah, Muhammad Afzal Lone, Abdul Qadeer Chaudhry
ResultPetition dismissed

1. ' ABDUL QADEER CHAT JDHRY, J. --The petitioner No, 2 was married to the respondent on 3-2-1984.

2. Due to strained relations between the couple, the marriage was dissolved through a decree of the Court on 3-10-1988. On 19-5-1987, the respondent filed a suit against the petitioners for return of dowry articles and bridal gifts mentioned in the list Exh. P.

2. The suit was decreed in favour of respondent and against the petitioners. Their appeal and revision having been dismissed by the appellate and the revisional Courts, the petitioners now seek leave to appeal against the impugned judgment of the High Court dated 31-10-1992.

3. ' We have heard the petitioner No, 1 in person. He submitted that the Courts below have erred in relying upon the document Exh. P. 2 which was not signed by the petitioner. The petitioner has raised the question of fact. All the Courts have concurrently held that the articles belonging to the respondent have been retained by the petitioner. The Courts have also noticed the admission of the petitioner made in application Exh. P. 3 that he would return the articles. No point of law has been raised by the petitioner which needs examination by this Court. We see no merit in this petition.

4. ' Before concluding, we noticed that although no relief in term of money as an alternative is claimed by the respondent, in the suit nor an amount 9 has been fixed in the decree, to be paid as an, alternative to the delivery of movable property but the executing Court has such power inter alia, under Order XXI, rule 31, C.P.C. Which can be exercised in any of the eventualities mentioned in the aforesaid order.

5. ' The petition is dismissed with the above observation.

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