Citation Name : 2012 PLD 165 LAHORE-HIGH-COURT-LAHORE Side Appellant : Mst. HUMAIRA MAJEED Side Opponent : HABIB AHMAD S. 5 & Sched.---Constitution, of Pakistan, Art. 199---Constitutional petition--- Dowry articles, recovery of ----Amount in stead of articles---Suit for recovery of gold ornaments was decree d by family Court in favour of wife---family Court, while framin g the decree , did not mention recovery of money in alternate of articles---Durin g execution of decree , judgment debtor in stead of deliverin g the gold ornaments preferred to pay value of ornaments as on the date of filin g of suit---Validity---Judgment debtor had no option to in sist that he be allowed to pay price of gold ornaments in stead of deliverin g the same---Executin g Court could not order determin ation of price of gold ornaments without fin din g that delivery of gold ornaments was not possible---decree holder had throughout claimed return of her gold ornaments lyin g with judgment debtor---decree holder was entitled to seek recovery of gold ornaments in stead of their value which had given rise to the controversy on account of dispute as to the market rate applicable---If judgment debtor did not return gold ornaments but was allowed to make payment of an amount which was illusory, bein g not at all equivalent to the price of weight of gold ornaments that would result in gross in justice to decree holder---Judgment debtor was liable to return the gold ornaments or gold of that weight to decree holder failin g which he would make payment of the price as would fetch equal weight of gold at the time of payment subject to adjustment or return of any money paid durin g execution proceedin gs by judgment debtor to decree holder---Petition was allowed accordin gly.
Posted on: Fri, 07 Mar 2014 15:58:44 +0000