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Petitioner: KHUDA DAD And Others VS Respondent: FAZAL
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: KHUDA DAD And Others vs FAZAL Case No.: Civil Petition No. 1080 of 1976 R.S.A. No. 288 of 1960 Date of Judgment:1984-05-27 Reported As: 1985 SCMR 1503(1) Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.--The learned Judge in the High Court has reversed, in second appeal, the concurrent finding of fact recorded by the to Courts below that the alleged donee was not able to establish that possession had been delivered to him in pursuance of the alleged gift in his favour and, therefore, the making of the gift was not proved. After hearing Ch. Muhammad Ashraf Wahla, we consider that his contention that the learned Judge in the High Court could not have reversed such a finding of fact while hearing a second appeal and that he exceeded the powers conferred on him under section 100, C.P.C. Has considerable force. Leave is, accordingly, granted. Security in the sum of Rs.1,000.