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Petitioner: MUHAMMAD ILYAS VS Respondent: Mst. IJAZAN And Another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Abdul Shakurul Salam Title: MUHAMMAD ILYAS vs Mst. IJAZAN And Another Case No.:Civil Petition for Special Leave to Appeal No. 1133 of 1988 Civil Revision No.
588-D of 1988 Date of Judgment:1990-05-30 Reported As: 1991 SCMR 1508 Result: Petition dismissed Judgment ORDER ABDUL SHAKURUL SALAM, J.---The respondents filed a suit that their father Abdul Aziz was living with the petitioner alongwith his daughter married with the latter at Karachi. He was an old sick man. Petitioner misusing his fiduciary relationship as his son-in-law manipulated a sale-deed in his own favour in respect of land measuring 21 Kanals 13 Marlas in Chak No.16/9-R. Tehsil and District Khanewal without paying any consideration. The suit was dismissed by the learned Civil Judge, Khanewal vide judgment and decree dated 1-12-1987. However, they succeeded on appeal beforethe learned Additional District Judge, Khanewal vide judgment and decree dated 12-7-1988. The petitioner filed a revision petition. Learned Judge of the High Court went over the evidence and upheld the findings of the learned appellate Court that there was no valid sale-deed in favour of the petitioner. No consideration had been paid. The learned Judge of the High, Court also observed that the deceased had died in a month or so after the so-called sale. He dismissed the revision petition on 14-9-1988. The petitioner seeks leave to appeal. 2. The two Courts below found that the petitioner has failed to prove the sale and payment of consideration and consequently decreed the suit of the respondents---daughters of the deceased Abdul Aziz. No good ground has been shown that why the deceased would deprive the respondents--two daughters, of the land and give it away to the husband of one, the petitioner. There is no merit in this petition. It is, accordingly, dismissed.