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Petitioner: TAWAKAL KHAN VS Respondent: DANA AKHTAR And OTHER
Court Name: Lahore High Court Judge(s): Tanvir Ahmed Khan Title: TAWAKAL KHAN vs DANA AKHTAR And OTHER Case No.: Writ Petition No. 1550 of 1993 Date of Judgment:1993-02-14 Reported As: 1994 CLC 182 Result: petition dismissed
Judgment ORDER The petitioner through this Constitutional petition has taken exception to the judgments/decrees dated 26-i1-1991 and 7-12-1992 passed respectively by the Civil Judge and District Judge, Bhakkar. Facts briefly are that Mst. Dana Akhtar respondent No.l married petitioner's son Sher Muhammad on 22-8-1984. The latter died as a result of an accident and out of the wedlock, a son was born three months thereafter. The relations between the respondent and her in-laws became strained. She was turned out of family abode and was deprived of her ornaments and all household articles. Faced with this situation, she filed a suit for the recovery of articles or in the alternative claimed Rs.22,000 as their cost. The suit was resisted by the petitioner/defendant and the following issues were framed:-- (1) Whether the plaintiff is entitled to the recovery of household articles, as detailed in the plaint or in the alternative whether she is entitled to the decree for Rs.22,000? OPP. (2) Whether the plaintiff has no locus standi against the defendants? OPD. (3) Whether the suit is undervalued for the purposes of court-fee? OPD, (4) Relief. The parties led their evidence. The Civil Judge Class-II, Bhakkar after scanning the evidence through his judgment dated 26-11-1991 decreed the suit. The petitioner filed an appeal which was dismissed by the District Judge, Bhakkar, hence this Constitutional petition. It is argued by the learned counsel that the two Courts below have not appreciated the evidence brought on the record by the petitioner in its true perspective. I have gone through the judgment of the Court below. The argument of the learned counsel that the household articles were removed by the respondent to Bhakkar has not been established on
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record. It is reflected therefrom that the respondent lady was living at Chak Jhumra, Tehsil Samundari and no evidence worth consideration has been brought on record by the petitioner that the household articles were removed by her to her parents' home at Bhakkar. On the contrary the evidence brought on record by the respondent lady has estabalished her stance that she was deprived of the household articles. The two Courts below have determined a question of fact and no misreading has been pointed out to hold otherwise. Even otherwise the impugned judgment is just and proper and I do not find any justification to deprive the widow of her own domestic articles and ornaments in the exercise of my Constitutional jurisdiction. The writ petition is, therefore, dismissed in limine.