Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)  Art. 185(3)-Special leave to appeal-Question whether property in dispute land or a shop-A question of fact-Property in dispute concurrently found by lower Courts to be land-No omission or misreading of evidence in arriving at such finding pointed out-Interference with such finding declined.-[Question of fact]. (b) Constitution of Pakistan (1973)  Art. 185(3)-Leave to appeal-Plea raised before Supreme Court not raised in any of Courts below-Plea not allowed to be raised for first time before Supreme Court specially when adjudication on point would depend upon thrashing out of certain factual aspects of matter. Date of hearing : 15th February, 1981.                                                                                                                                                                        ORDER KARAM ELAHEE CHAUHAN, J.-Ghulam Siddique plaintiff"/respondent filed a suit for possession of the property in dispute herein which was decreed by the learned Civil Judge on 17th September, 1971. The present petitioner/vendee filed an appeal but without any success as the same was dismissed by the learned District Judge on 15th January, 1972. The peti tioner/vendee filed a second appeal being R. S. A. 103/72 which also met fate and was dismissed by the High Court on 15th September, 1975. The petitioner has now come up in a petition for special leave to appeal to this Court. 2. It is…