Case Details

Citation(s)
1987 SLG 1471 1987 SLD 1471 1987 SCMR 109
Supreme Court of Pakistan

MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ

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Law:

Section:

1987 SCMR 109 Present: Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ MUHAMMAD HANIF and others--Petitioners Vs Subedar SARDAR KHAN and others--Respondents Civil Petition No. 58-P of 1985, decided on 2nd November, 1986. (From the of the Peshawar High Court, Peshawar, dated 13-1-1985 in Civil Revision No. 181 of 1984). Constitution of Pakistan (1973)-- ---Art. 185(3)--Acquiescence--Leave to appeal, grant of--Revision petition decided on basis of concession made at time of hearing thereof-­Plea that no such concession was made by petitioners, not sustained-­There being no reason to treat statement of fact recorded in impugned as incorrect, and no justification having been made out for interference, leave to appeal refused. Moulvi Sirajul Haq, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for Petitioners. Jan Muhammad Khan, Advocate-on-Record (absent) for Respondents. Date of hearing: 2nd November, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from dated 13-1-1985 of the Peshawar High Court; whereby four civil revision petitions filed from the respondent-side, were allowed. Sardar Khan respondent had filed a suit for declaration to the effect that land in dispute was owned by him on account of purchase and that he was in its possession. He had also claimed consequential reliefs. It was decreed by the trial Court but the petitioners' (defendants') appeal was allowed. On further revision filed in the High Court…
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