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Petitioner: Mst. KHURSHID BEGUM VS Respondent: Mst. ZUBAIDA BEGUM And 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mst. KHURSHID BEGUM vs Mst. ZUBAIDA BEGUM And 3 Other Case No.: Civil Petition for Leave to Appeal No. 922 of 1986 R.S.A. No. 22 of 1986 Date of Judgment:1991-10-23 Reported As: 1991 SCMR 357 Result: appeal refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendant side in a suit for declaration and possession relating to an alleged sale of land; against the dismissal by the High Court, of the petitioner's Regular Second Appeal. He has lost throughout. The main question involved in the suit was; whether, the sale in favour of the petitioner relied upon by her was fictitious, bogus and inoperative. All the three Courts have rendered concurrent findings of fact against the petitioner to the effect that the alleged sale did suffer from these defects. Learned counsel, however, argued that the Patwari's endorsement on the mutation purported to show that the alleged vendor had admitted the factum of sale in favour of the petitioner. This by itself is neither positive proof of the alleged vendor having made a statement before the Patwari nor in the circumstances of this case it is sufficient to prove an acknowledgement opt the part of the alleged vendor. Be that as it may, the concurrent findings of fact against the petitioner are based on sound reasons, leave to appeal, accordingly, is refused.