Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art.185(3)--Petition for leave to appeal--Dispute as to ownership of house-­Finding that such house was jointly owned and possessed by parties was a finding of fact recorded by three Courts below--Plea of sole ownership was raised for the first time in suit after sixteen years from the date of issuance of P.T.O.--Finding as to title being a finding of fact did not call for any interference--No merit found in petition, leave to appeal refused. Qazi Abdur Rashid, Advocate Supreme Court , and- Manzoor Ilahi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 2nd November, 1988. JUDGMENT NAIMUDDIN, J: -Mushtaq Ahmad, Fazal Karim, Fazal Azim and Abdul Karim are brothers inter se. They were jointly transferred the house in question under P.T.O. No.457034 dated 3rd March, 1960 and the Permanent Transfer Deed issued in their joint names in 1963. Some of them have died and represented by their legal representatives. Three brothers Fazal Karim, Fazal Azim and Abdul Karim filed a civil suit, being Civil Suit No.103/1 of 1976/78 for partition and separate possession of their 3/4th share in the house on the basis of joint ownership and possession Mushtaq Ahmad who was the defendant in the suit now in this petition is represented by his legal representatives took the plea that he is exclusive owner of the property. The plea was rejected by the Senior Civil Judge, Abbottabad and a preliminary decree for possession of 3/4th share of the suit property by partition was…

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