Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--   ---Art. 185(3)--Leave to appeal--Concurrent finding of fact interference with--Respondents suit for partition of joint property-­Petitioner-defendant claiming ownership of entire property on basis of document alleged to have been executed by respondent in his favour--Respondent denying execution of said document and his signatures thereon--Neither any of four attesting witnesses of document produced by petitioner to prove its execution nor evidence brought on record to controvert contention of respondent--Petitioner failing to discharge initial onus which lay upon him to prove execution of said document through evidence--Concurrent finding of fact against petitioner that he could not prove execution of said document in his favour--No right in disputed house as sole owner could be claimed by petitioner on basis of said document--No interference with impugned called for--Leave to appeal refused. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 13 May, 1985 passed in Civil Revision No.360-D of 1982 (treated as Regular Second Appeal No.179 of 1985). Briefly the facts are that the disputed house was transferred by the Settlement Department jointly to Ghulam Mohammad respondent, his brother Mohammad Sharif the present petitioner and their mother Mst Fazal Bibi on 26th October, 1960 and PTO was accordingly issued in their names. Ghulam Mohammad respondent instituted a suit for the partition of the said house on 12th December, 1974 claiming 1/2 share in the house. Mohammad Shaft petitioner contested the suit claiming that Ghulam Muhammad had transferred his share in the said house to him after receiving its price and had executed a document in that behalf on 29th November, 1972. It was further contended by him that before the transfer of the house he and his mother had agreed that the house in question be transferred by the Settlement Department in faupur of Mohammad Shafi as Ghulam Mohammad would receive compensation in lieu of his share. Ghulam Mohammad and his mother had also submitted affidavits before the Deputy Settlement Commissioner giving…

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