| Citation(s) |
|---|
| 1989 SLG 2005 1989 SLD 2005 1989 SCMR 1984 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1139 of 1984, decision dated: 28-11-1988.(On appeal from the order of the Lahore High Court, Multan Bench, Multan, dated 8-10-1984, in Civil Revision No.536 of 1984)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Rashid Chughtai, Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.1139 of 1984, decision dated: 28-11-1988.(On appeal from the order of the Lahore High Court, Multan Bench, Multan, dated 8-10-1984, in Civil Revision No.536 of 1984)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Rashid Chughtai, Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
REHMAT KHAN
VS
MUHAMMAD IKRAMUL RAO and 2 others
Law:
Section:
Specific Relief Act (I of 1877)----S.42--Constitution of Pak1stan (1973), Art. 185(3)--Plaintiff claiming to be the owner of land in question through sale having been executed in his favour on 23rd August, 1976--Defendants claimed to be owner of the same land through a consent decree dated 31st March, 1965--Plaintiffs suit claiming ownership of property was dismissed as also his appeal and revision--Concurrent findings of Trial Appellate Courts were to the effect that land had been validly sold to defendants by attorney of predecessor-in-interest of the petitioner plaintiff through consent decree and that no suits to challenge the decree or the power of attorney had ever been instituted--High Court in revision had upheld the concurrent findings of fact of Courts below--Leave to appeal refused. ORDER JAVID IOBAL, J.--This petition for leave is directed against order of the Lahore High Court, Multan Bench, Multan, dated 8th October, 1984 whereby civil revision of the petitioner was dismissed. Briefly the facts are that Umra was allotted the disputed land by Thal Development Authority under Abadkari Scheme. After his death his legal heirs went on paying the revenue dues and eventually succeeded to acquire proprietary rights therein on 17th July 1976. Thereafter they sold the said land to the petitioner on 23rd August, 1976. However on 10th September, 1976 according to the petitioner the respondents got a report entered in the Revenue record whereby a consent decree, dated 31st March, 1965 was incorporated showing that the suit land had in fact been sold by Umra in their favour. Thereupon theβ¦
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