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Petitioner: Mst. ARASH NOOR And 2 Others VS Respondent: Haji GHULAM RABBANI And 10 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: Mst. ARASH NOOR And 2 Others vs Haji GHULAM RABBANI And 10 Other Case No.: Civil Petition for Leave to Appeal No. 42-R of 1990 Civil Revision No. 3 of 1987 Date of Judgment:1990-03-27 Reported As: 1991 SCMR 790 Result: appeal granted
Judgment ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by the plaintiffs' side in a suit for declaration; against the acceptance by the High Court, of respondents' Civil Revision. The declaration sought was to the effect that the exchange and sale-deed one after the other in favour of the defendants were the result of fraud and undue influence, collusion and further that these transactions were in reality without consideration. And thus were void and inoperative against the rights of the plaintiffs. The suit was decreed. The respondent's appeal was also dismissed. The High Court accepted the respondents' Civil Revision and set aside the concurrent findings of facts. Learned counsel has reiterated the points raised in this petition and has emphasized that there was no justification for exercise of revisional power for the High Court under section 115, C.P.C as the present case did not fall under any of the sub-clauses of subsection (1) of section 115, C.P.C. He has also contended that the impugned judgment runs counter to the law laid down in the case of Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 in so far as the protection of the rights and interest in the land in dispute of the female petitioners is concerned. Leave to appeal, accordingly, is granted. Security Rs. 5,000. The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.