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Civil Petition for Special Leave to Appeal No. K‑13 of 1969, decided on 8th January 1970.
(On appeal from the judgment of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 29th October 1968, in L. P. A. No. 78 of 1966).
Art. 58 (3)‑Special Leave to Appeal to Supreme Court‑Courts below holding alleged gift not proved and giving concurrent findings of fact on question‑Even otherwise no substantial question of law arising for Court's consider ation‑Leave to appeal refused.
Khalid M. Ishaque, Advocate Supreme Court instructed by S. M. Hanif, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 8th January 1970.
This petition for special leave to appeal is concluded by concurrent findings of fact by the Courts below that there was no proof of the gift of one‑half share on 228 acres of land allegedly made by the respondents in favour of the opponent No. 1.
The donors were pardanashin ladies. They were married and had their own children. It could not therefore be contemp lated that they would deprive themselves of valuable property rights without consideration. The order attesting the mutation in the revenue record purported to have been based on the statements of the donors recorded by a Hindu Magistrate. The Magistrate was said to have migrated to India and the statements were not forthcoming. No attempt was made to summon the record of the statements or to prove their loss. The Courts below therefore, rightly concluded that no such statements were ever made by the donors.
The transfer if made would also have been hit by Act III of 1899 which enjoined that prior sanction of the Collector was necessary. It was the case of the appellant that sanction was obtained by hint after the gift had been made.
As, seen no substantial question of law arises for consideration of the Court. The petition for leave to appeal dismissed.
Leave refused,
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