2010 PLP 27 (YLR)

ALI AKBAR QURESHI, J.

This writ petition is directed against the judgment and decree dated 9-1-2009, passed by the learned Appellate Court, whereby the respondent was held entitled to recover Rs.100,000 in lieu of the dowry articles.

2. Shortly the facts as stated, that the respondent brought a suit to recover the dowry articles valuing Rs.419,550 on the ground that the dowry articles were given to her at the time of marriage and the petitioner, who expelled her from his house without any cause and reasons has refused to return the same.

3. The suit was opposed by the petitioner by filing written statement, wherein he categorically denied the possession of dowry articles.

4. The learned trial Court to resolve the controversy framed issued, recorded the evidence led by the parties and finally dismissed the suit.

5. Being aggrieved thereof an appeal was filed by the respondent, which was accepted and the respondent was held entitled to receive an amount of Rs.100,000 of the dowry articles. Hence this petition.

6. Learned counsel for the petitioner contended that the respondent has miserably failed to prove her claim by adducing any reliable and confidence-inspiring evidence. Next that no other witness was produced by the respondent in support of her contentions and further the respondent has also failed to place on record any receipt of the articles, therefore, in these circumstances, the learned Appellate Court without taking into consideration all these important feature of the case, has decreed the suit, which is totally against the record and result of misreading and non-reading of evidence.

7. Conversely learned counsel for the respondent supported the findings recorded by the learned Appellate Court and submitted that the respondent has successfully proved her claim.

8. Heard. Record perused.

9. The material available on the file was examined with the assistance of the learned counsel for the parties wherefrom it is found that the respondent while appearing as P.W. has stated all the names of the articles given to her at the time of marriage. The petitioner although conducted a lengthy cross-examination upon the respondent but did not put a single question to rebut the claim of the respondent, therefore, it can safely be concluded that the petitioner has admitted the claim of the respondent.

10. The learned Appellate Court while decreeing the suit, carefully perused and examined the evidence led by the parties and finally reached to a conclusion that the respondent has succeeded to prove her claim and is entitled to recover an amount of Rs. 100,000 in lieu thereof. 10-A. Learned counsel for the petitioner has otherwise failed to point out any jurisdictional defect, legal infirmity, misreading and non-reading of evidence with findings recorded by the learned Appellate Court, therefore, there is hardly any reasons to interfere therewith in the exercise of Constitutional jurisdiction.

11. Resultantly, this petition has no force and the same is dismissed with no order as to Costs.

12. Respondent may file an application for the withdrawal of an amount of Rs.50,000 deposited by the petitioner vide order dated 13-2-2009, with the Deputy Registrar (Judicial) of this Court and he will release the same forthwith after due verification. M.U.Y./G-48/L Petition dismissed.