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Civil Revision No. 1837‑D of 1980, heard on 2nd March, 1981s
S. 102(b) [as amended by Code of Civil Procedure (Amendment) Ordinance (X of 1980)]‑Second appeal‑Jurisdiction‑Regular Second Appeal‑Lies only when jurisdictional value of subject‑matter exceeds Rs, 50,000‑Value of suit being less than Rs. 50,000, appeal held, not maintainable nevertheless treated as revision and disposed of accord ingly.‑[Second appeal‑Revision (civil)].
Gift‑Possession, delivery of‑Strangers to transaction of gift‑ Cannot assail validity of transaction on ground of possession having not been delivered to donee. Donee as well as donor both stating possession of gifted property having been delivered to donees, pre emptor, held, devoid of locus standi to challenge gift on ground of non‑delivery of possession.
Fazal Ahmad v. Mst. Rakhi P L D 1958 Lah. 218 and Dost Muhammad Khan v. Imam Bakhsh P L D 1971 Pesh. 150 ref.
S. 15‑Pre‑emption ‑ "Device" markedly different from "dis guise"‑Appearance of transaction in a "device"‑‑Not fictitious but a mode adopted to defeat right of pre‑emption‑‑Evidence showing transaction to be one made between close relations to defeat right of pre‑emption‑Vendees and vendor being close relations, held, adopted a valid device to defeat right of pre‑emption and improved their status by legitimate method by alienation of a piece of land before institution of suit.‑[Words and phrases].
Rana Abdul Rahim for Petitioner.
Ch. Mashtaq Ahmad Khan for Respondent.
Date of hearing : 2nd March, 1981.
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