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Petitioner: ALLAH DITTA VS Respondent: GHULAM FATIMA and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: ALLAH DITTA vs GHULAM FATIMA and another Case No.: Civil Petition for Leave to Appeal No,284 of 1985 Date of Judgment:1989-03-20 Reported As: 1989 SCMR 1947 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant, against the dismissal by the High Court, of his Regular Second Appeal. The suit filed by the respondent No,2 challenging a gift purported to have been made by him in favour of respondent No,1 and consequential challenge to the further alienation made by her (respondent No,1) to the petitioner, was decreed. The petitioner having failed throughout up to the High Court, has sought leave to appeal. ' It is not denied that after the admission about the gift in the first instance in her written statement, even the donee respondent No,1, resiled from this admission subsequently. Be that as it may, the statement of the interested donee is only of secondary importance. In this case respondent No,2 who admittedly is the alleged donor did not own the gift. He has been believed. There was no basis left for upholding the alienation made by the so-called donee in favour of the petitioner. Accordingly the stress of the learned counsel on the statement and the conduct of the donee is of no avail to the petitioner. Similarly his criticism regarding concurrent findings of fact against the petitioner is of no avail to him; because, they do not suffer from any error, in law or principle. No justification having been made for grant of leave to appeal, the same, therefore, is refused.
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