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Mst. ZULKAIF TAHOORA vs PROVINCE OF SINDH through Secretary Revenue Departments through Deputy Commissioner, Thatta Ss — 2025 CLC 495 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLC 495 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLC
Parties
Mst. ZULKAIF TAHOORA vs PROVINCE OF SINDH through Secretary Revenue Departments through Deputy Commissioner, Thatta Ss
Subject matter
Criminal
Provisions referred to
S. 115---S; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. ZULKAIF TAHOORA VS PROVINCE OF SINDH through Secretary Revenue Departments through Deputy Commissioner, Thatta Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for cancellation, declaration and injunction---Concurrent findings of facts by two Courts below---Gift deed---Proof---Applicants/plaintiffs claimed to be owners of suit property on the basis of gift deed---Trial Court and Lower Appellate Court dismissed suit and appeal filed by applicants/plaintiffs---Validity---Applicants/plaintiffs in support of their claims failed to place on record any evidence or valid material as to execution of alleged gift deed in their favour or that the alleged transaction was Benami---Both the Courts below on appraisal of pleadings and evidence were consistent with the legal position---Two Courts below recorded concurrent findings of fact and had refused to exercise their discretion in favour of applicants/plaintiffs---Concurrent findings of facts could not lightly be interfered with---Applicants/plaintiffs did not raise any question of law that could require consideration of High Court in exercise of its revisional jurisdiction---There was no misreading or non-reading of evidence by two Courts below, who had passed judgments and decrees after due application of mind and careful appreciation of oral and documentary evidence produced by parties as well as the applicable law---High Court declined to interfere in concurrent judgments and decrees passed by two Courts below as the same did not suffer from any illegality, infirmity or material irregularity---Revision was dismissed, in circumstances.

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