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Petitioner: MUHAMMAD YOUSAF VS Respondent: REHMAT ALI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: MUHAMMAD YOUSAF vs REHMAT ALI and others Case No.: Civil Petition for Leave to Appeal No,699 of 1984 Date of Judgment:1988-11-20 Reported As: 1989 SCMR 601 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff against the dismissal of his suit for declaration to the effect that one Taj Muhammad had made an oral gift in his favour regarding the suit property and therefore he is its owner. ' The petitioner offered to Rehmat Ali respondent No,1 (a defendant) for making a statement on oath of Holy Quran that Taj Muhammad had not made the Gift, on the making of which, the petitioner/plaintiff would give up the claim and the suit would then be dismissed. ' Rehmat Ali made the required statement on the required oath and thus succeeded. The petitioner having lost the case in the High Court also has sought leave to appeal. The learned counsel has raised the contention that the co-defendants of Rehmat All had not made the oath, therefore, to that extent, the suit could not have been dismissed. On the question as to whether the petitioner wanted Rehmat Ali alone to make the oath for the purpose of deciding the entire suit, the learned counsel answered in the affirmative. That being so, he cannot now add any other condition. Learned counsel could not press the petition any further, leave to appeal is refused. ' Leave to .