| Citation(s) |
|---|
| 1986 SLG 367 1986 SLD 367 1986 SCMR 190 |
Supreme Court of Pakistan
Civil Petition No. 114-P of 1985, decision dated: 19th October,1985. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 13-3-1985 passed in Civil Revision No. 331 of 1980).
ASLAM RIAZ HUSSAIN, ACTG. C.J., ABDUL KADIR SHAIKH AND S.A. NUSRAT, JJ
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Civil Petition No. 114-P of 1985, decision dated: 19th October,1985. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 13-3-1985 passed in Civil Revision No. 331 of 1980).
ASLAM RIAZ HUSSAIN, ACTG. C.J., ABDUL KADIR SHAIKH AND S.A. NUSRAT, JJ
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MUHAMMAD SHARIF through Legal Heirs and others
VS
ABDUL MAJID through Legal Heirs and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Finding of fact--Findings concurrently arrived at by Courts below on issue of fact upheld by High Court in its impugned --Such findings would call for no interference by Supreme Court--Leave refused. S. Safdar Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 19th October, 1985. ORDER S.A. NUSRAT, J.--The petitioner having lost his application for revision in the High Court as per impugned judgment has brought this petition for leave to appeal. 2. The dispute relates to land bearing Khasra No. 2626 measuring 2 Kanals 9 Marlas situated in the area Tall, District Kohat. The land belonged to Hindu migrants and was treated as evacuee property. It was transferred to one Chotey Khan and latter half share in this Khasra number was sold to the plaintiff /respondent vide mutation, dated 24-9-1961. 3. The respondent Abdul Majid filed a suit on 22-9-1971 in the Civil Court at Kohat for possession of the entire Khasra number by demolition of the Abadi on a portion of it, on the ground that he had acquired the same by purchase and the defendant/ petitioner had raised construction without the permission of the concerned authorities or its legal owner. The suit was resisted by the petitioner. The trial Court framed various issues in the suit, including one regarding valuation for the purpose of Courts-fee and jurisdiction. 4. The learned counsel for the petitioner mainly addressed us on issue No. 1 as to "whether the defendant had made any improvement, if so, how much and to what effect". In the first round of litigation, which culminated with the judgment, dated 7-11-1977 passed on petitioners appeal by the Additional District Judge, Kohat, the judgment and decree passed by the trial Court was set aside and the case was remanded to it with direction to proceed with the trial oft the case afresh according to law. On re-trial of the case the finding recorded by the learned Civil Judge, Kohat on issue No. 1 was as under:-- "It is correct that the defendant has raised a house on 131 Marlas as per report of the Commissioner but the plaintiff is not concerned with it because his area can very easily…
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