1989 PLP 1709 (SCMR)
MUHAMMAD AJAIB and 2 others Petitioners Versus Mst. GHULAM FATIMA through Leal Heirs and others Respondents
| Citation | 1989 PLP 1709 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | MUHAMMAD AJAIB and 2 others Petitioners Versus Mst. GHULAM FATIMA through Leal Heirs and others Respondents |
| Primary Law | Muhammadan Law‑‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1709 (SCMR)?
This judgment primarily cites: Muhammadan Law‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1709 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1709 (SCMR) (MUHAMMAD AJAIB and 2 others Petitioners Versus Mst. GHULAM FATIMA through Leal Heirs and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Asghar Hussain Sabzwari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
- M.Munir Piracha, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Respondents.
- Date of hearing: 23rd May, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 12‑4‑1988, passed in R.S.A. 618 of 1975). ‑‑‑Gift‑‑Neither evidence on record proved transaction of gift nor ingredients of the gift allegedly made in favour of petitioner were proved‑‑High Court rightly declined interference.
Judgment & Decree
USMAN ALI SHAH, J.‑‑Leave to appeal has been sought by the petitioners in a declaratory suit against the dismissal of their regular second appeal by the Lahore High Court, Rawalpindi Bench, vide impugned judgment. This petition is the result of a suit brought by the plaintiffs/respondents, challenging the gift of 13 kanals 16 marlas of agricultural land mutation of which was attested on 17‑7‑1968, allegedly made on their behalf in favour of Muhammad Ajaib defendant /petitioner No.l. The suit of the contest was dismissed by the learned Civil fudge, vide his order dated 15‑6‑1974. In appeal before the District Judge, the plaintiffs/respondents were held to be in continuous possession of the suit land and thus while allowing their appeal, set aside the order and decree of the Civil Judge and declared the gift made in favour of the defendant/petitioner No.1 as invalid, vide judgment dated 4‑7‑1975. The defendants/petitioners went in regular second appeal before the Lahore High Court, Rawalpindi Bench. A learned Single .fudge of the: High Court, vide his judgment dated 12‑4‑1988, dismissed the 2nd appeal being without any force. The learned counsel for the petitioners was heard at length. There is no evidence on the record at all to prove with regard to the transaction of the gift nor the ingredients of the gift allegedly made in favour of the petitioner Ajaib are proved. The learned counsel for the petitioners has failed to satisfy, us that it was a fit case for interference by the High Court in regular second appeal. Thus, we find no force in this petition which is accordingly dismissed. M.A.K./M‑925/S Petition dismissed.