Law:

Section:

Constitution of Pakistan (1973) ----Art. 185 (3) Leave to Appeal to Supreme Court Question whether petitioner's suit had been fixed for hearing or not Question of fact not determinable without record No documents before Supreme Court to support petitioner's argument Plea of date in suit being not a date for hearing not taken by petitioner in trial Court and first appellate Court Held, petitioner cannot be permitted to press petition for special leave on question not raised in two Courts below. [Question of fact]. ORDER DORAB PATEL, J. There are two shops on Plot No. 2 in Commercial Area No. 2, Liaqatabad, Karachi, in the Province of Sind and there is a dispute between the petitioner and the respondent about the title to one of these shops and the litigation between them about this shop which commenced fifteen years ago, threatens to go on into the next decade. However, as suits other than the suit under appeal in this petition, are pending in the District Court, Karachi, we will not make any observation on the lengthy arguments of Mr. Nasim Farooqi and Mr. Ansar Hussain about the title to this shop. And it would be sufficient to observe here that the petitioner is in occupation of this shop and in February 1964, the respondent filed an eviction application against him for his eviction in the Court of the Rent Controller, Karachi. The petitioner challenged the respondent's title, but as this issue was decided. against him by the Rent Controller on 27 5 1966, he filed a declaratory suit in the Court of the VIth Civil Judge, Karachi, against the respondent in which he sought a declaration under section 42 of the Specific Relief Act about his title and also a permanent injunction to restrain the respondent from interfering with his rights in this shop. As this suit was dismissed on 27 3 1968, the petitioner filed an appeal in the District Court of Karachi and once again, for the purpose of this petition, it is sufficient to state that the case was remanded by the first appellate Court to the trial Court and the first date in the trial Court after this remand, was 27 9 1971. Then the case was adjourned to the 30th of October, 1971, then to the 10th of December, 1971…

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