Law:

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Constitution of Pakistan (1973)-----Art. 185(3)-Dispute as to exclusive ownership of land-Concurrent findings after due examination of material on record-High Court holding that fact of sale in 1892 had been given effect to in revenue record from then onward and after deceased owner his successor had been recorded in possession and that relevant record "throughout supported claim as decreed by Courts below"-No case was, therefore, made out for interference by Supreme Court-Petition dismissed. Khawaja Muhammad Yusuf Saraf, Advocate Supreme Court instructed by Ghulam Dastgir, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 8th May, 1984. ORDER M. S. H. QURAISHI, J.-This petition for leave to appeal arises out of a suit brought by Noor Muhammad Khan (respondent No. 1) in which he had sought a declaration that he was the exclusive owner in possession of the entire land measuring 71 Kanals 12 Marlas comprised in Khata No. 20/141 to 148, situate in Village Behram Khan Killi, Tehsil Mardan and that transfer of the same by registered gift deeds executed by respondents 2, 4 and 5 in favour of Muhammad Masood Khan petitioner, was ineffective and inoperative against his rights. He had also sought a permanent injunction for restraining the defendants from interfering with his possession. In the alternative, he had sought a decree for possession by pre-emption in respect of an area of 51 Kanals 10 ½ Marlas out of the suit land. The plaintiff's case was that his father Behram Khan had purchased the suit land from Sohbat by Mutation No. 433 attested on 21-4-1892, that Behram Khan had taken delivery of possession of the land and that after him the plaintiff had, by a private partition with his brother Ikram Ullah, come to possess the suit land as its exclusive owner. According to him, the suit land had been leased out in favour of Abdul Khaliq (respondent No 32) on 14-8-1959 who was cultivating it through Amir Shah (respondent No. 31) and Muhammad Masood Khan (petitioner) but on account of…

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