MUHAMMAD SANAULLAH Versus MUHAMMAD ILYAS

ORDER

SAAD SAOOD JAN, J.‑‑ The marriage of respondent No.3 with the petitioner has been dissolved on the ground of Khula'. While granting Khula' to respondent No.3, the learned Family Judge has given a direction that she should return 9 tolas of gold or pay x5.18,000 as price of the gold to the petitioner. On appeal by her, the learned Additional District Judge set aside the direction with regard to the return of gold or payment of its value. The petitioner challenged the order of the learned Additional District Judge in constitutional jurisdiction in the High Court but, without any, success He now seeks leave to appeal from this Court.

2. The question whether the petitioner had given 9 tolas of gold to respondent No.3 was one of fact. After re‑appraising the evidence the learned Additional District Judge held that the gold in question was in fact the property of respondent No.3. The High Court did not consider it fit to interfere with this finding and we can discover no basis for taking a different view. Leave is refused.

M.I./M‑448/S Petition dismissed.