Law:

Section:

(a) Constitution of Pakistan (1973)----Art.l83(3)--Findings of fact--Controversy on fact, as to whether land was evacuee or it belonged to the Government and was transferred to respondent, was resolved by the findings rendered by two higher Courts in favour of respondent--No documentary evidence had been relied upon by petitioner to show otherwise--Leave to appeal was refused. (b) Settlement Scheme No.VlI- ---Constitution of Pakistan (1973), Art.185(3)--Finding of fact--Record not showing that property was evacuee and for that reason it stood transferred to petitioners on account of undisputed possession--No reference could be made to Custodian Authorities unless there was prima facie case based on reasonable material--Leave to appeal refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by defendant's side in a suit for possession, against the dismissal by the High Court, of their Civil Revision. It had arisen out of respondent's suit for possession of a village site; which was dismissed by the trial Court. Respondent/plaintiff's appeal was allowed and the appellate judgment was affirmed by the High Court in petitioners' Civil Revision which as stated above, was dismissed. Learned counsel has stated that as against the respondent's case that he had permitted the defendant to occupy the disputed land for a year only, the petitioners' defence was that they being in possession thereof since 1947 and the land being evacuee had become owner automatically under Settlement Scheme No.VII He further stated that the specific contest between the parties was on an additional plea raised from the respondent's side that the land in dispute was not evacuee and that it being Government property had…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492