Case Details

Citation(s)
1986 SLG 576 1986 SLD 576 1986 SCMR 698
Supreme Court of Pakistan
Civil Petition for Leave to Appeal 414/R of 1985, decision dated: 21st January, 1986. (On the appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 3-11-1985 in Civil Revision No. 333/D of 1985).
MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ

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QAMARUDDIN and anothers

VS

MUHAMMAD AKBAR and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Plea that order upheld in Revision by High Court was based on misreading of evidence, repelled-­Impugned order being based on proper reading of evidence, petition, held, devoid of any substance and dismissed. Muhammad Munir Piracha, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 21st January, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--By this petition leave is sought to appeal against the judgment and order of Lahore High Court, Rawalpindi Bench, dated 3-11-1985 passed in Civil Revision No. 333/1) of 1985. 2. Relevant facts are that House No.B-III/313, 314, 315 and 316 in the town of Fatehjang was jointly allotted to Muhammad Abdullah, the predecessor-in-interest of the petitioners and respondents Nos.2 to 4 and Muhammad Akbar son of Sher Muhammad respondent No.1 by the Deputy Rehabilitation Officer on 16-6-1956; that Abdullah and Muhammad Akbar both used the Deohri and staircase commonly; that on 28-3-1967 House No.S.III/313, 314 was transferred to Abdullah through a P.T.D. Similarly House No.S.III/315, 316 was transferred to Muhammad Akbar. After the transfer, it is alleged, that Abdullah and Muhammad Akbar continued using the Deohri and staircase jointly. However, in 1983 the respondent No.1 Muhammad Akbar brought a suit against Abdullah in the Court of Civil Judge,…
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