Law:

Section:

(a) Constitution of Pakistan-------Art. 185(3)---Leave to appeal, grant of---Principles---Grant of leave is a matter of discretion and is not of right---No limitation has been imposed by provision of Art. 185(3) of the Constitution, for grant of leave to appeal---Conduct of petitioner has substantial bearing on the question of leave to appeal or otherwise---Supreme Court is not a court of appeal while exercising power under Art.185(3) of the Constitution to reappraise evidence, except in exceptional circumstances. (b) Specific Relief Act (I of 1877)--- ----S.42---Constitution of Pakistan, Art. 185(3)---Suit for declaration---Plaintiffs were aggrieved of construction of road by defendants over the land owned by them---Trial Court decreed the suit in favour of plaintiffs and awarded a sum of Rs. 100,000 as compensation, which was reduced to Rs. 16,000 by Lower Appellate Court but High Court in exercise of revisional jurisdiction restored the amount to Rs. 100,000 as fixed by Trial Court---Validity---Defendants dispossessed plaintiffs from their land in the year 1983, despite decree of suit, not a single penny had been paid to plaintiffs for the last more than 27 years---Judgment passed by High Court was reasonable and proceeded on cogent ground---Defendants failed to point out any infirmity, legal or factual in the passed by High Court, which could justify interference---Leave to appeal was refused. Razzaq A. Mirza, Additional A.-G. Punjab for Petitioners. Nemo for Respondents. Date of hearing: 14-9-2011. JUDGMENT KHILJI ARIF HUSSAIN, J.---The petitioners impugn the judgment of the Lahore High Court, Rawalpindi Bench, whereby civil revision filed by the petitioners was dismissed whereas, civil revision filed by the respondents was accepted and the judgment and decree dated 3-10-2000 passed by the trial Court was upheld. 2. Brief facts of the case are that a road was constructed by the petitioners on Khasra No. 1702 situated in village Nuraghi, Tehsil Talagang, District Chakwal, measuring 6 kanals, 17 marlas which was owned and possessed by the respondents without their knowledge and consent. The respondents/defendants filed suit on 15-11-1986, which was decreed…

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