Briefly stated the facts of the case are that Mst. Fateha Bibi d/o Muhammad Zameer resident of Village Shah Mansoor, Tehsil and District, Swabi respondent/plaintiff had filed a suit against her daughter namely Mst. Rabia and her son-in-law, Sherazullah, petitioners No,1 and 2 respectively, in the Court of Civil Judge, Swabi for declaration to the effect that the registered gift deed, No,325 dated 13-9-1990, allegedly executed by her in favour of her daughter regarding the land, measuring 18 Kanals, 16 Marlas and 6 sersais, was a result of fraud/misrepresentation, and therefore, null and void.
2. The petitioners/defendants contested the suit and filed their written statements wherein quite a few legal as well as factual objections were raised.
3. The pleadings of the parties gave rise to the following issues:-- (1)Whether plaintiff has got a cause of action?
(2)Whether plaintiff is estopped to file the present suit?
(3)Whether the gift has rightly been made?
(4)Whether defendant No, 1 is legal heir of plaintiff?
(5)Whether the requirements of gift have been fulfilled?
(6)Whether the plaintiff is entitled to the decree for declaration as prayed for?
(7)Whether plaintiff is entitled to the decree for permanent injunction and possession as prayed for?
(8)Relief.
4. After recording the evidence of the parties, which they wished to produce, the Civil Judge, Swabi (Mr. Tahir Mehmood Khan) by his judgment recorded on 8-4-1996, decreed the respondent/plaintiff's suit and held that the gift deed (No,325 attested on 13-9-1990), being void, was ineffective as against the rights of the respondent/plaintiff.
5. Aggrieved by the said judgment, the petitioners/defendants challenged the same before the District Judge (Mr. Alamzeb Khan) who, after hearing' th, learned counsel for the parties, dismissed the appeal vide. his judgment/decree dated 27-6-1997. Hence, this revision petition.
6. Mr. Mir Adam Khan, Advocate, learned counsel for the petitioner present and heard at length.
Record of the case perused carefully.
7. Admittedly, the question involved in the present case is as to whether the respondent/plaintiff had in fact gifted her property to her daughter i,e,, petitioner No,1 or not.
8.It may be stated at the very out-set that the trial Court has discussed the evidence produced by the parties, in support of their respective cases, in detail and has given his findings on each and every issue after discussing the evidence in detail. It thus came to the conclusion that the gift was not a valid gift and thus decreed the suit in favour of the respondent/plaintiff.
9. The findings of the trial Court when challenged before the lower appellate Court were upheld. A perusal of the judgment of the District Judge (Mr. Alamzeb Khan) would show that he has dealt with the facts of the case in detail and after discussing each and every aspect of the case came to the conclusion that the gift in question was not valid and, therefore, dismissed the appeal and concurred with the findings of the trial Court. In support of his conclusion the District Judge placed reliance on the following cases:-- (1)Mst. Hassan Bibi v. Ghulam Siddique and others 1992 CLC (Peshawar) 402.
(2)Mst. Aziza Begum v. Mst. Badshahan and others 1994 MLD (Peshawar) 1741.
(3)Mst. Khalida Bibi v. Mst. Daryai Khunam and others 1994 MLD (Peshawar) 2339.
10. The learned counsel for the petitioners addressed the Court in detail but miserably failed to make out a prima facie case so as to persuade this Court to admit this revision petition. On the other hand, I have also not been able to find out that the lower Courts have misread the evidence produced by the parties.
11. Since the judgments of the lower Courts do not suffer from any illegality/materal irregularity, therefore, this revision petition in my opinion, does not merit consideration and is dismissed in limine, alongwith Civil Miscellaneous.