1989 PLP 1990 (SCMR)
Mst. DANI‑‑Petitioner Versus Mst. BASHIRAN BIBI Respondent
| Citation | 1989 PLP 1990 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | Mst. DANI‑‑Petitioner Versus Mst. BASHIRAN BIBI Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1990 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1990 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1990 (SCMR) (Mst. DANI‑‑Petitioner Versus Mst. BASHIRAN BIBI Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talib H. Rizvi, Advocate instructed by S. Ali Imam Naqvi, Advocate‑on Record for Petitioner.
- Naveed Shaharyar, Advocate and Ch. Muhammad Aslam, Advocate‑on Record for Respondent.
- Date of hearing: 22nd March, 1989.
Headnotes / Summary
(On appeal from the judgment, dated 14th April, 1985 of the Lahore High Court in Regular Second Appeal No.53 of 1981). ‑‑‑O.XXIII, R.3‑‑Constitution of Pak1stan (1973), Art. 185(3)‑‑Compromise‑ Plaintiff challenging gift of land made by her in favour of defendant, her niece‑ Both plaintiff and defendant at the conclusion of arguments entering into compromise whereby parties agreed that gift in favour of defendant would remain intact but defendant would be bound to maintain plaintiff during her lifetime and that maintenance allowance would be equal to half share of income received from the land by the defendant after deducting tenant's share and in case defendant failed to make agreed payment it would be recovered at her expense‑‑There being no impediment in the agreed arrangement, petition for leave to appeal was disposed of with the order that while the gift in favour of defendant would remain intact and operative, defendant and her son would be bound by the terms of the said recorded agreement/undertaking during the lifetime of plaintiff.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a plaintiff, against the acceptance by the High Court of respondent's/defendant's Regular Second Appeal. The petitioner/plaintiff had challenged the gift of the suit land made by her to the respondent her niece on grounds including that of fraud. It was dismissed. Her appeal, however, was accepted but on second appeal the High Court reversed findings of the first appellate Court on the ground of misreading of evidence and the suit of the petitioner was accordingly dismissed. Reliance, by the High Court, was placed on 'Madan Gopal and 4 others v. Maran Bepari and 3 others' P L D 1969 S C 617 and `Dr. A.R. Khan v. Muhammad Ishaque' 1972 S C M R
437. Leave to appeal i has now been sought by the petitioner/plaintiff (donor). At the conclusion of the arguments from both sides the learned counsel with the permission of the Court made efforts for a negotiated settlement out of Court and submitted that the parties had agreed that the disputed gift in favour of the respondent be kept intact. However, the respondent and her son further agreed that they would maintain the petitioner throughout her remaining life. They both and the respondent remained present in Court during the hearing and also at the time the last submission was made by their respective counsel. Both the learned counsel were accordingly ordered to reduce the essential part of the agreement with regard to maintenance. They have both submitted the following in writing:‑ "A. That the respondent Mst. Bashiran undertakes to maintain Mst. Dani for the lifetime. B. That the maintenance will be paid to her. It will be an amount equal to one half share of the income received from the land, after deducting the tenant's share. C. That the undertaking has been given by Mst. Bashiran of her free will and her son Azhar Saleem stands security for this payment. D. That in case Mst. Bashiran fails to make this payment of this amount it may be recovered at her expense. E. That now there is no dispute of land between the parties." There is no impediment in the acceptance of the afore‑recorded arrangement. Accordingly this petition is disposed of with the order that while the gift in favour of the respondent would remain intact and operative she and her son would be bound by the afore‑recorded agreement/undertaking during the lifetime of the petitioner. Order and decree accordingly. There shall be no order as to costs. A.A./D‑47/S Order accordingly.