Case Details

Citation(s)
1989 SLG 1727 1989 SLD 1727 1989 SCMR 1491
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.227 of 1989, decision dated: 11-03-1989
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ

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RIAZ

VS

MUHAMMAD SALIM and 4 others

Law:

Section:

Civil Procedure Code (V of 1908)----5.115--Constitution of Pakistan (1973). Art.185(3)--Two Courts below concurrently found that respondent had successfully proved his title over the disputed land whereas petitioner was in illegal possession thereof--Concurrent findings of fact had been decided against the petitioner which could not have, been interfered with in revision--No case for interference made out--Petition dismissed. Shamim Abbas Bokhari, Advocate Supreme Court, instructed by Rana Maqbul Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 11th March, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against A the judgment of the Lahore High Court, Lahore, dated 14th February, 1989 whereby civil revision filed by the petitioner was dismissed. Briefly the facts are that Muhammad Salim respondent brought a suit for possession of 3 Marlas of the disputed land on the ground that by virtue of having purchased the same from the previous owner on 10th February, 1981 he was owner thereof and that Riaz the present petitioner as well as respondents Nos. 2 to 5 had unauthorisedly and forcibly taken possession of the said land. The civil suit was contested. Muhammad Salim respondent produced oral as well as documentary evidence and likewise defence witnesses were examined and documents produced in rebuttal. The Civil Judge decided the issues in favour of Muhammad Salim respondent and the suit was decreed against Riaz petitioner only, whereas it was dismissed as against respondents Nos. 2 to 5. The present petitioner being aggrieved challenged the impugned judgment and decree by way­of appeal against Muhammad Salim respondent as well as respondents Nos. 2 to 5 but the appeal was dismissed. Thus, the concurrent findings of the two Courts below were that the present petitioner could not esablish that he was owner of the disputed property. Thereafter, the petitioner filed civil revision in the Lahore High Court, Lahore but on the date when the case was fixed for hearing on 5th -1 December, 1988 in motion he did not enter appearance nor his counsel had appeared, although the counsel representing Muhammad Salim…
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