Law:

Section:

Specific Relief Act (I of 1877)--S.42---Constitution of Pakistan (1973), Art. 185 (3)---Suit for declaration and permanent injunction relating to house in question, was dismissed by all the Courts below including the High Court---Validity---All the three Courts below had concurrently found that petitioner (plaintiff) was not the owner of property in question through purchase---Findings arrived at by Courts below did not suffer from misreading/non-reading of evidence---Courts below could believe or disbelieve evidence---Courts below having applied conscious mind to the relevant evidence and having given sound and cogent reasons in support of their decisions, there were no compelling reasons to interfere with the impugned s/decrees---No case was made out for interference---Leave to appeal was refused in circumstances. ORDER MUHAMMAD MUNIR KHAN, J---This petition is directed against the order of High Court of Sindh dated 17-4-1994. The facts giving rise to the petition are that the petitioner filed a suit for declaration and permanent injunction against Mst. Zulekha (the predecessor-in-interest of the respondents) in the Court of Senior Civil Judge at Karachi. It was averred in the plaint that he had purchased the disputed house from Mst. Zulekha (defendant) for Rs.19,000 vide sale-deed dated 23-2-1970 and ever since the purchase is in continuous possession of the same but on 17-1-1985 the defendant tried to take over the possession of the house by force. The suit was resisted. The issues were framed. The parties produced their evidence. The trial Court dismissed the suit on 20-5-1990. The appeal filed by the petitioner against this judgment and decree was dismissed by the learned District…

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