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Petitioner: MUHAMMADBAKHSH VS Respondent: SABAN
1988 S C M R 1810
1988 S C M R 1810
Present: Muhammad Afzal Zullah and Javid Iqbal, JJ
MUHAMMAD BAKHSH.‑---Petitioner
versus
Mst. SABAN‑‑Respondent
Civil Petition No.978 of 1981, decided on 18th July, 1988.
(Against the Judgment and order of the Lahore High Court, Lahore, dated 27‑5‑1981 in Civil Revision No.10 of 1981).
Constitution of Pakistan (1973)‑‑
‑‑‑Art.185(3)‑‑Civil Procedure Code (V of 1908), S.115‑‑Leave to appeal, grant of‑‑Consistent findings of fact‑‑Interference with‑ Petitioner assailing consistent findings of fact rendered by three Courts below‑‑No infirmity, legal or otherwise having been found, leave to appeal refused.
Mian Ata‑ur‑Rehman, Advocate‑on‑Record for Petitioner. Nemo for Respondent.
Date of hearing: 18th July, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑In this case the learned Advocate‑on‑Record has stated that the learned counsel having died, the petitioner has not engaged another counsel; therefore, he (the A.O.R.) is obliged to argue the petition. Hence we have heard him.
The petitioner's Civil Revision relating to a gift made by his father Hassan Muhammad, has been dismissed by the High Court. He has now sought leave to appeal.
According to the learned counsel, the donor had originally made the gift in favour of the petitioner Muhammad Bakhsh, his son, and respondent Mst.Saban, respondent, his widow. He (donor) subsequently filed a suit challenging the gift. The petitioner Muhammad Bakhsh did not contest it 'but the respondent contested it. It was dismissed by the High Court. Hassan Muhammad filed an appeal during the pendency whereof lie died. Muhammad Bakhsh petitioner, as legal representative of Hassan Muhammad, continued the appeal against Mst.Saban, who as stated by the learned counsel, is his step‑mother. This appeal was dismissed. His Civil Revision having been dismissed, he has now sought leave to appeal.
Learned counsel tried to assail the consistent findings of fact of the learned Courts below rendered against the donor and in favour of Mst.Saban, the donee but without any success. No infirmity legal or otherwise having been found, this petition is dismissed.
M.I. /M‑524/S Petition dismissed.