Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Constitution of Pakistan, 1973

Section: 185(3)

  Civil Procedure Code (V of 1908) S. 100-Second appeal-Concurrent findings of fact on questions of partition and/or ownership-Perusal of relevant documents not proving misreading of evidence as alleged Petition dismissed -Constitution of Pakistan (1973), Art. 185 (3).-[Finding of fact]. Date of hearing : 4th December, 1979.                                                                                                                   JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought by a defendant in a declaratory suit from a judgment of the Peshawar High Court dated 11th March 1978, whereby his second appeal was dismissed. The respondents' (plaintiffs') plea before the learned trial Judge was that a small piece of open land known commonly as daga, measuring about 8 marlas, surrounded by the houses of the parties was jointly owned by all the parties concerned and "that despite partition of other properties, by their ancestors this small vacant space was allowed to remain in joint ownership and possession for better enjoyment of the residential properties around it." It was further asserted that the parties did use the land jointly for a very long time for the said purpose, but a year before the institution of the suit, the petitioner started claiming exclusive rights therein. Proceedings under section 145, Cr. P. C. commenced which ended in a direction for the resolution of the dispute by a civil Court. The petitioner alone, out of about 70 defendants, contested the suit on various pleas one being that he is the sole owner of the…