FARID (REPRESENTED BY HEIR) vs Mst. NUR BIBI — 1948 PLD 23

Citation: 1948 PLD 23

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-21

Parties: FARID (REPRESENTED BY HEIR) vs Mst. NUR BIBI

Headnotes

Case cited as PLD 1948 P C 23

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: FARID (REPRESENTED BY HEIR) vs Mst. NUR BIBI Case No.: Regular Second Appeal No. 980 of 1965 Date of Judgment:1969-07-21 Reported As: PLD 1970 Lahore 502 Result: E. JUDGMENT JUDGMENT This regular second appeal has been filed by Farid (plaintiff/ appellant) against the judgment and decree, dated 21st September 1965, passed by the learned District Judge, Lyallpur, whereby the judgment and decree, dated 2nd February 1965, of the learned trial Judge dismissing the declaratory suit of the appellant was confirmed. 2. The circumstances leading up to this appeal, briefly stated, are that the appellant had no male issue in spite of marrying twice. Therefore, he married Mst. Nur Bibi, the defendant/respondent in the hope of getting a male issue from this wedlock. At or about the time of this marriage, the appellant gifted the land in dispute (52 kanals 10 marlas including a kotha thereon) to the respondent, by means of mutation sanctioned on 8th December 1940. The mutation mentioned the gift as being for life of or remarriage by the respondent, by the use of usual words: " TA HAIN HAYAAT TA NIKKAH SAANI ". At the time of this marriage, the respondent had two pichhlag daughters and one son from her previous husband. Un--fortunately, the purpose of this third marriage, for the appellant, was not served because no male issue was born from this wedlock. It appears that some estrangement took place between the parties…

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