Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--S. 1(K)--Constitution of Pakistan (1973), Art.185(3)--Benamidar--Second appeal--Scope--Question of fact--Sale--Concurrent findings of fact of two Courts below that petitioner was owner of property and not a 'Benamidar' interfered with by High Court declaring petitioner to be a Benamidar and not the owner of property--Misreading of record by the High Court was also pointed out where it had held that original sale-deed had been produced at the trial by the respondents--Leave to appeal granted to consider contention raised. Rana Abdul Majid, Advocate Supreme Court and Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 4th September, 1988. ORDER SAAD SAOOD JAN, J.--The dispute between the parties in this petition re ales to a house situate in Sheikhupura. The petitioner is the brother-in-law of the respondent. The house was purchased by the petitioner in 1946 prior to Independence. However, it remained in the occupation of the respondent. On 22-7-71, the respondent filed a suit for seeking a declaration to the effect that he was the owner of the house as it had in fact been purchased by him and that the petitioner was merely a 'benamidar'. The suit was dismissed by the trial Court inter alia on the basis of finding that the petitioner was not a 'benamidar'. The respondent filed an appeal before the Additional District Judge who…

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