Mirza ARSHAD BAIG vs ADDITIONAL DISTRICT JUDGE, MULTAN and others

' SARDAR MUHAMMAD RAZA KHAN, J. --- Mirza Arshad Baig, the petitioner and Mst. Qamar Jahan, respondent No,3 were husband and wife. Their union fell apart and the wife brought five different suits including the one for the recovery of dowry articles of the value of Rs,4,66,697. The present dispute relates to the dowry articles. The wife was granted decree by the learned Judge, Family Court on 1-6-2000 for the recovery of dowry articles in accordance with the proved list Exh.P.2 but excluded therefrom the gold ornaments. Learned Additional District Judge, Multan accepted the appeal and modified the decree to the effect that either the dowry articles be returned or its price be paid as Rs,3, 00,000. The gold ornaments were included in the decree holding that this item also was a part of the list aforesaid. The husband filed a writ petition which also was dismissed in limine by a learned Single Judge of Lahore High Court through judgment dated 11-2-2002 and hence this petition.

2. There is a concurrent finding of fact qua the existence and the value of dowry articles mentioned in list Exh.P.2 of three Courts in A succession and hence it should not be interfered with under Article 185(3) of the Constitution.

3. The concurrent finding aforesaid is perfectly in accordance with the evidence on record. The list Exh.P.2 is signed by Mirza Kamranl Baig, the real brother of the petitioner as well as Tanvir Ahmed Khan, the cousin of the petitioner. The latter was produced as P.W.2 and thus, Courts were rightly of the view that he proved the list. The gold ornaments were wrongly excluded by the learned trial Court. On the other hands, those were very much mentioned in the list Exh.P.2 which stands already proved. Such ornaments could not be considered as a gift to wife because gifts are given by the husband. The list contained only those articles which were given by the parents of the lady at the time of marriage, which always is a part of dowry. Rather the entire dowry is a gift for the lady from the parents.

4. All the three Courts having rightly appreciated the evidence and having arrived at correct conclusion, there being no force in the instant petition, it is hereby dismissed and leave to appeal refused.