1991 PLP 1344 (SCMR)
Mst. ZOHRAN and others — Petitioners Versus Mst. FAZLAN and others — Respondents
| Citation | 1991 PLP 1344 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. Usman Ali Shah and |
| Parties | Mst. ZOHRAN and others — Petitioners Versus Mst. FAZLAN and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877), ORDER |
Q1: What are the key laws and sections cited in 1991 PLP 1344 (SCMR)?
This judgment primarily cites: Specific Relief Act (I of 1877), ORDER as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1344 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. Usman Ali Shah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1344 (SCMR) (Mst. ZOHRAN and others — Petitioners Versus Mst. FAZLAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Hussain Kadri, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 6th June, 1990.
- Shahid Hussain Kadri, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the judgment of the Lahore High Court, Lahore, dated 13-2-1989, passed in Civil Revision No.2109-D of 1988).
S.42
Constitution of Pakistan (1973), Art.185(3)
Gift made by father of petitioners in favour of respondents, was undisputedly proved to have been validly made
One of the petitioners herself admitted execution of that gift in favour of respondents by her father and possession of gifted property was also delivered to respondents
There being no case for further consideration, petition challenging orders of Courts below having no merits was dismissed in circumstances. S. USMAN ALI SHAH, J.
Leave to appeal has been sought by the petitioners against; the judgment of the Lahore High Court, dated 13-2-1989, arising out of a declaratory suit filed by the petitioners, wherein they have challenged the gift Mutation No. 3607 sanctioned by the Assistant Collector-I Shahpur, District Sargodha, in favour of the respondents, by Nabi Bakhsh father of the petitioners and respondents Nos.2-4 and husband of the respondent No.l. The suit after contest was dismissed by the trial Court on 8-3-1987. Appeal and subsequent revision of the petitioners were also failed by the District Court and High Court. We have heard the learned counsel for the petitioners and have gone through the relevant record. We have observed that admittedly the gift made by Nabi Bakhsh father of the petitioners and respondents Nos. 2-4 and also husband of the respondent No.l proved to have been validly made and the petitioner No-1 herself admitted the execution of the gift in favour of the respondents by her father and the possession of the gift property in suit was also delivered to the respondents. The only ground that the petitioners should not have been deprived of their rights to inherit, is without force, as Nabi Bakhsh had a full power of disposing of the property and there was no restraint on his right to alienate the same. Under the facts and circumstances of the case we do not think that any case for further consideration is made out. Hence this petition, having no merit is hereby dismissed. H.B.T./Z-115/S Petition dismissed.
Judgment & Decree
‑‑‑‑S.42‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Gift made by father of petitioners in favour of respondents, was undisputedly proved to have been validly made‑‑‑One of the petitioners herself admitted execution of that gift in favour of respondents by her father and possession of gifted property was also delivered to respondents‑‑‑There being no case for further consideration, petition challenging orders of Courts below having no merits was dismissed in circumstances. Shahid Hussain Kadri, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 6th June, 1990. S. USMAN ALI SHAH, J.‑‑‑Leave to appeal has been sought by the petitioners against; the judgment of the Lahore High Court, dated 13‑2‑1989, arising out of a declaratory suit filed by the petitioners, wherein they have challenged the gift Mutation No. 3607 sanctioned by the Assistant Collector‑I Shahpur, District Sargodha, in favour of the respondents, by Nabi Bakhsh father of the petitioners and respondents Nos.2‑4 and husband of the respondent No.l. The suit after contest was dismissed by the trial Court on 8‑3‑1987. Appeal and subsequent revision of the petitioners were also failed by the District Court and High Court. We have heard the learned counsel for the petitioners and have gone through the relevant record. We have observed that admittedly the gift made by Nabi Bakhsh father of the petitioners and respondents Nos. 2‑4 and also husband of the respondent No.l proved to have been validly made and the petitioner No‑1 herself admitted the execution of the gift in favour of the respondents by her father and the possession of the gift property in suit was also delivered to the respondents. The only ground that the petitioners should not have been deprived of their rights to inherit, is without force, as Nabi Bakhsh had a full power of disposing of the property and there was no restraint on his right to alienate the same. Under the facts and circumstances of the case we do not think that any case for further consideration is made out. Hence this petition, having no merit is hereby dismissed. H.B.T./Z‑115/S Petition dismissed.