Case Details

Citation(s)
1982 SLG 650 1982 SLD 650 1982 SCMR 1170
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 661 of 1975, decision dated: 6-12-1981.(Against the judgment and decree dated 16-07-1975 passed by the Lahore High Court, Lahore in Regular First Appeal No. 120 of 1961)
ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
Mian Mahmud Ali Kasuri, Senior Advocate Supreme Court and M. A. Rahman, Advocate-on-Record for Petitioners. Nemo for
Respondent No. 1 Sh. Shaukat Ali, Senior Advocate Supreme Court and Rana Maqbool Ahmed, AdvocateorRecord for
Respondent No. 2. Nemo for

Haji KHAN MUHAMMAD AND 4 others

VS

Sh. MUHAMMAD MUZAFFARUDDIN AND 5 OTHERS

Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3)--Leave to appeal sought on grounds of there being in fact no concurrent findings of fact, material documents having been ignored, irrelevant considerations made basis of decisions and registered body having control over mosque not impleaded as party-Case, held, requires a further examination in Supreme Court-Leave to appeal granted.-[Leave to appeal] ORDER SHAFI-UR-REHMAN, J--A mosque built over Government land situated in Ghalla Mandi Jaranwala, District Lyallpur (now Faisalabad) has been the subject-matter of litigation between the parties. The respondents who were the plaintiffs instituted a suit under section 92, C. P. C. for a scheme of administration of the mosque. It was resisted and contested by the peti­tioners, as defendants. On the two issues on merits the learned District Judge recorded the finding in the following words: - "My finding on these two issues is that there is no positive evidence in support of either issues, but the probabilities are that the financing was done by the arhtis of ghalla mandi though the actual building was entrusted to Khan Muhammad." 2. In settling the scheme and appointing the Board of Management ex-officio appointments were made of (i) Tehsildar, Jaranwala, (ii) Doctor incharge Civil Hospital, Jaranwala, (iii) S. H. O. Jaranwala, (iv)…
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