2006 PLP 940 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the judgment, dated 3-12-2002 whereby a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, set aside the determinations of the two Courts below and consequently, the suit filed by the petitioners was dismissed.

2. Facts briefly are that Rehmat Ali predecessor-in-interest of the petitioners was real brother of Noor Muhammad predecessor-in-interest of the respondents. Noor Muhammad gifted his property in the name of his wife Mst. Karam Bibi and paternal grand daughter Mst. Sharifan Bibi and one Maulvi Muhammad Ashraf to the extent of 64 Kanals, 32 Kanals and 4 Kanals respectively. The petitioners filed a declaratory suit challenging the gift-deed, dated 19-2-1977 on the ground that the same has been allegedly executed during the "Marzul Maut" as in those days he was lying on death bed. The respondents controverted the same and out of contradictory pleadings, issues were framed. The parties led their evidence and the learned trial Court through judgment, dated 10-11-1977 decreed the suit. The appeal filed by the respondents was decided on the basis of a compromise, entered between the parties, by the learned Additional District Judge, Bahawalnagar on 13-4-1982. The respondents filed a revision petition taking up the stance that no compromise was effected between the parties. The learned Single Judge of the Lahore High Court remanded the case to the First Appellate Court for decision and to determine whether any compromise was effected between the parties.

3. The learned First Appellate Court framed the issue qua the authenticity of the compromise and recorded the evidence of the parties. He, however, dismissed the appeal on merits on 7-11-1989 holding that no compromise was effected between the parties. Thereafter, they filed a revision petition out of which the present impugned judgment has emanated.

4. We have considered the contentions raised by the learned counsel for the petitioners and have gone through the documents appended with this petition. Admittedly, the gift deed was made by the predecessor-in-interest of the respondents who was not suffering from any serious disease. The learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, after elaborate discussion and thrashing the entire evidence, dismissed the same on 3-12-2002. It has come on record that the disease of the donor was not of such nature which would otherwise induce the belief in one's mind that the death would be caused thereby. It is also pertinent to mention here that no compromise whatsoever was effected between the parties and this plea was simply taken by the petitioners to deprive the other side of their legal right which had accrued to them by the formal execution of the gift-deed. The respondents' side has substantiated the execution of the gift-deed through confidence inspiring evidence. The learned counsel for the petitioners has failed to point out any illegality or legal infirmity in the impugned judgment.

5. Resultantly, for what has been stated above, the instant petition has no merit, which is accordingly dismissed. The leave to appeal is declined. S.A.K./R-94/SC Leave refused.