ALTAF MAHMOOD vs Mst. FAZAL UN NISA Alias BILQIS INSARI — 1968 PLD 428

Citation: 1968 PLD 428

Court: Lahore High Court

Year: 1969

Decision Date: 1969-11-04

Parties: ALTAF MAHMOOD vs Mst. FAZAL UN NISA Alias BILQIS INSARI

Headnotes

The propositions on which counsel for the defendant-respondent relies are set out neatly by the Privy Council in Wali Muhammad and others v. Muhammad Bakhsh and others (AIR 1930 P C 91) as follows:- --- ## Page 5 "No doubt questions of law and fact are often difficult to disentangle, but the following propositions are clearly established:-- (1) There is no jurisdiction to entertain a second appeal on the ground of erroneous finding of facts, however, gross the error may seem to be: (See Durga Choudrain v.

Judgment Text

Court Name: Lahore High Court Judge(s): Qadeeruddin Ahmed Title: ALTAF MAHMOOD vs Mst. FAZAL UN NISA Alias BILQIS INSARI Case No.: Regular Second Appeal No. 525 of 1965 Date of Judgment:1969-11-04 Reported As: PLD 1970 Lahore 654 Result: Appeal accepted JUDGMENT JUDGMENT This second appeal is directed against the judgment of an Additional District Judge, Lahore, dated the 24th of March 1965, by which he dismissed the first appeal of the present appellant with costs. 2. The facts, which form the background, according to counsel for the parties, are that the appellant and the respondent were husband and wife. They were married in 1947 at Hyderabad Deccan and that soon after their marriage they had migrated to Pakistan and settled down in Lahore. In Lahore the appellant entered into an agreement with Mst. Hamidan Kamal-ud-Din to purchase from her a plot of land measuring 3 kanals, 13 marlas and 49 square feet bearing Survey No. 191, situated in the Lahore Cantonment, for Rs. 10,983.00 and paid Rs. 2,000.00 to her as earnest money. Thereafter, the sale deed was executed in favour of his wife, the present respondent on the 17th of October 1961 and registered on the 19th of October 1961. The payment of the balance of the price amounting to Rs. 8,983.00 is shown in the endorsement by the Sub-Registrar to have been made by the respondent. 3. It appears that soon after it relations between the appellant and the respondent deteriorated and ultimately the deterioration resulted in…

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