AURANGZEB KHAN Versus MUHAMMAD JAFFAR

QAZI MUHAMMAD FAROOQ, J. ‑‑‑This civil appeal, by leave of the Court, is directed against the judgment dated 18‑5‑1998 passed by a learned Single Judge of the Lahore High Court,. Rawalpindi Bench, Rawalpindi in Civil Revision No.292‑D of 1984 whereby the civil suit between the parties was remanded to the trial Court for decision afresh.

2. Put shortly, the relevant facts are that through Mutations Nos.2118 and 2318 attested on 23‑4‑1971 and 21‑8‑1974 respectively one Moulia had gifted the landed property in dispute in favour of his grandson Muhammad Jaffar. After his death the gift was challenged through a civil suit by his daughter Mst. Karam Noor and collaterals Aurangzeb Khan and Khuda Bakhsh on the grounds, inter alia, that it was fictitious and fraudulent and possession of the subject‑matter of the two gift mutations was not delivered to the so‑called donee. After a hot contest, the learned Civil Judge, Chakwal, vide judgment dated 14‑7‑1980, struck down the gift and passed a decree for possession of 2/3 share out of the suit‑land in favour of the plaintiffs. The appeal tiled by the donee was dismissed by the learned Additional District Judge, Jhelum on 17‑5‑1984 but his revision petition was‑ allowed on 18‑5‑1998 by a learned Single Judge of the Lahore High Court Rawalpindi Bench, Rawalpindi and the case was remanded to the learned trial Court, with certain observations, for decision afresh, in the light of observations, after hearing the parties and considering the entire evidence.

3. Leave was granted to consider whether the learned Judge in