1989 PLP 1325 (SCMR)
RAMZAN KHAN and others Petitioners Versus Mst. JANNO and others Respondents
| Citation | 1989 PLP 1325 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | RAMZAN KHAN and others Petitioners Versus Mst. JANNO and others Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1325 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1325 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1325 (SCMR) (RAMZAN KHAN and others Petitioners Versus Mst. JANNO and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Masood Javaid, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th August, 1988.
Headnotes / Summary
(On appeal from the judgment and order dated 14/16‑12‑1982 of the Lahore High Court, Bahawalpur Bench, in C.R. No.285‑D of 1976). ‑‑‑Art.185(3)‑‑Alienation of land by husband to wife in lieu of dower‑‑Plaintif' wife's right to property was denied by defendant after death of her husband‑ Plaintiff's suit dismissed by Trial Court but upheld in appeal and revision‑ Defendant's side remained unable to successfully assail the findings of fact in favour of plaintiff‑‑Defendant's contention that deed of conveyance could, at best, be treated as only an agreement; and that even if it was a deed of conveyance, necessary legal formalities in respect thereof were lacking‑‑Supreme Court did not agree with either of the points‑‑Precedent law admittedly being agars defendant leave was refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑The defendants side in a suit for declaration, regarding an alienation of land through gift, has sought leave to appeal against the dismissal of their civil revision by the High Court Learned counsel stated that respondent No. 1(plaintiff) had claimed that the suit property was gifted by her deceased husband to her in lieu of her dower through a deed of conveyance. She also claimed delivery of possession. But after the death of her husband, the petitioners denied her right to the property. She. was therefore, compelled to file the suit which was dismissed by the trial Court The appeal of the respondent's side was, however, allowed. The High Court dismissed petitioners' civil revision, therefore, they have sought leave to appeal. Learned counsel remained unable to successfully assail the findings of fact against the petitioners. He, however, contended that the deed of conveyance could, at best, be treated as only an agreement and that even if it was a deed of conveyance the necessary legal formalities in respect thereof were lacking. After hearing him on this point, we do not agree with him on either of the points. The precedent law, he admitted, is against him. In the circumstances of the case, accordingly, this petition is dismissed. A.A./R‑92/S Leave refused.