MUHAMMAD GHAUS vs MUHAMMAD IBRAHIM AND Another — 1972 SCMR 433

Citation: 1972 SCMR 433

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD GHAUS vs MUHAMMAD IBRAHIM AND Another

Headnotes

Case cited as 1972 SCMR 433

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title: MUHAMMAD GHAUS vs MUHAMMAD IBRAHIM AND Another Case No.:Civil Petition for Special Leave to Appeal No. 202 of 1972 R. S. A. No. 59 of JUDGMENT Reported As: 1972 SCMR 433 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of the Lahore High Court dismissing a second appeal. This second appeal arose out of a suit filed for a declaration that the sale in favour of the petitioner by the respondent No. 2 herein of 21 kanals and 13 marlas of land situated in village Sujowali, Tehsil Pasrur, by a registered sale deed dated the 8th of January 1958, was void, as it was without any consideration and without legal necessity and the vendor was governed by custom The suit was filed by the brother of the vendor who claimed to by his reversioner. All the Courts below have found that the property was ancestral property qua the respondent herein and his brother, that they were governed by custom, that the sale was without legal necessity, and that payment of consideration had been proved only to the extent of Rs.1,451 as against the consideration of Rs. 4,000 mentioned in the deed. The vendee has now come up for special leave to appeal, and it is contended on his behalf that the finding as to the absence of legal necessity is based on non-consideration of material evidence relating to the fact…

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