Mst. ROSHAN ARA vs Mst. BADRI KAMALA and 9 others

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant; against the acceptance of a Civil Revision filed by the respondent/plaintiff s side.

2. ' The suit for declaration and possession of the house in dispute as constituting the plaintiffs dower property was decreed by the trial Court. The petitioner's appeal was allowed but the High Court set aside the appellate judgment and restored the decree in respondents' favour.

3. The main controversy now raised to be resolved relates to the findings of fact. The respondents' plea is that the suit property was given to her by her deceased husband in lieu of dower and that a subsequent acknowledgement in writing by the deceased husband was also duly executed.

4. After hearing the learned counsel in support of the points raised in this petition we are satisfied that there is no infirmity legal or otherwise in the impugned judgment. The criticism by the learned counsel regarding the deed of acknowledgement which has been accepted as proved and genuine, has no force. The gift relied upon from the petitioner's side in addition to the infirmities pointed out in the impugned judgment, is of no avail to the petitioner in view of the findings on the question of acknowledgement. Moreover as held by this Court in the case of Mian Aziz A. Shaikh v.

5. The Commissioner of Income Tax (CA. 32 of 1980 decided on 19-4-1989), the statement in the acknowledgement deed by the husband regarding the previous transfer of the property in lieu of dower, has force and value of such legal import; that the petitioner's case put up before the trial Court has not been able to displace it. Accordingly this petition is dismissed and leave to appeal is refused.