Case Details

Citation(s)
2011 SLG 2018 2011 SLD 2018 2011 SCMR 284
Supreme Court of Pakistan
Civil Appeal No. 53-K of 2009, decision dated: 23rd June, 2010 (On appeal from the order/judgment dated 21-2-2007/6-8-2007 passed by High Court of Sindh, Bench at Sukkur in Civil Review Application No. 26 of 1994)
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND GHULAM RABBANI, JJ

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MUHAMMAD BUX (decd) through Legal Heirs and others

VS

. ARMY WELFARE TRUST and others

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 117---Plaintiffs claiming preferential right to have suit land allotted to them as tenants thereof---Proof---Onus was on plaintiffs to establish that they were tenant of suit land---Two plaintiffs were brothers and other two were sons of first plaintiff, who in his evidence did not say a single word that any of his brothers were tenant of suit land-Oral version of first plaintiff was not corroborated by any documentary or other oral evidence---Oral version of first plaintiff was denied by defendant---Held: plaintiffs failed to make out case in their favour, in circumstances. (b) Constitution of Pakistan--- ----Art. 185---Appeal to Supreme Court---Concurrent findings of fact by Appellate and High Courts against appellant---Failure of appellant to point out any tangible material to disturb such findings---Supreme Court dismissed appeal in circumstances. Naraindas C. Motiani, Advocate Supreme Court for Appellants. Abdul Qadir Khan, Advocate Supreme Court and A. Aziz Khan, Advocate-on-Record for Respondent No. 1. Nemo for Respondents Nos. 2 to 4. Date of hearing: 23rd June, 2010. JUDGMENT GHULAM RABBANI, J.---This appeal with leave of the Court is directed against the short order dated 21-2-2007 followed by reasons dated 6-8-2007 of a learned Single Judge of High Court of Sindh, whereby Civil Revision Application No. 26 of 1994 filed by appellant, herein, and an other Civil Revision Application No. 35 of 1994, were dismissed. 2. At the outset it may be stated that learned counsel for appellant disclosed during his oral submissions that the judgment in Civil Revision Application No. 35 of 1994 involving same facts and law has already attained finality and that in the instant appeal, only the matters arising, out of Civil Revision Application No. 26 of 1994, needed to be decided, relevant facts whereof are next to follow. The appellants, herein, instituted against the respondent No.1, Army Welfare Trust and other appellants, a Suit No.220 of 1978 for declaration and permanent injunction. Their claim was that they were in cultivating possession of a piece of land consisting of Block Nos. 235, 237 and 249 area 40 acres from…
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