Pakistan Case Law
1988 SCMR 1810

MUHAMMADBAKHSH Versus SABAN

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Citation1988 SCMR 1810
CourtSupreme Court of Pakistan
Case No.Civil Petition No.978 of 1981
Date1988-07-18
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑In this case the learned Advocate‑on‑Record has stated that the learned counsel having died, the petitioner has not engaged another counsel; therefore, he (the A.O.R.) is obliged to argue the petition. Hence we have heard him.

2. The petitioner's Civil Revision relating to a gift made by his father Hassan Muhammad, has been dismissed by the High Court. He has now sought leave to appeal.

3. According to the learned counsel, the donor had originally made the gift in favour of the petitioner Muhammad Bakhsh, his son, and respondent Mst.Saban, respondent, his widow. He (donor) subsequently filed a suit challenging the gift. The petitioner Muhammad Bakhsh did not contest it 'but the respondent contested it. It was dismissed by the High Court. Hassan Muhammad filed an appeal during the pendency whereof lie died. Muhammad Bakhsh petitioner, as legal representative of Hassan Muhammad, continued the appeal against Mst.Saban, who as stated by the learned counsel, is his step‑mother. This appeal was dismissed. His Civil Revision having been dismissed, he has now sought leave to appeal.

4. Learned counsel tried to assail the consistent findings of fact of the learned Courts below rendered against the donor and in favour of Mst.Saban, the donee but without any success. No infirmity legal or otherwise having been found, this petition is dismissed.

5. M.I. /M‑524/S Petition dismissed.

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