Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)---Concurrent findings---Plaintiff's suit for possession was dismissed by two Courts below---High Court in revision, however, set aside concurrent s and decrees of Courts below and decreed plaintiff's suit--­Validity---Plaintiff contended that there were concurrent findings of facts of two Courts below who had exercised jurisdiction vested in them by law and had not :;?,acted illegally in exercise of their jurisdiction, therefore, of High Court in setting aside such s was erroneous and High Court was not justified in disturbing concurrent findings of two Courts below---Contentions raised would require consideration---Leave to appeal to Supreme Court was granted in circumstances. Altaf Elahi Shaikh,, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 30th May, 1995. ORDER MIR HAZAR KHAN KHOSO, J.---The petitioners' legal heirs of Waris Khan and Muhammad Iqbal seek leave for appeal against the judgment dated 25-10-1994 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby the judgments of the Civil Judge 1st Class, Talagang and Additional District Judge, Chakwal dated 15-4-1987 and 26-5-1990 respectively were set aside and the suit filed by the respondents/plaintiffs was decreed. 2. It was case of the respondents that Fazal Elahi husband of Mst. Niaz Begum, respondent No.1, and father of Karamat Hussain, Shaukat Hussain, Imtiaz Hussain, Mst. Tasleem Zohra and Mst. Asma Bibi, respondent Nos.2 to 6, in open auction purchased the plot in dispute. The property was rented out to Aitbar Khan and his son Iftikhar Khan. After death of Aitbar Khan the tenant left this plot and it remained vacant. The respondents, predecessor-in-interest of the petitioners, claim that Waris Khan and Muhammad Iqbal trespassed into the plot and started timber business there. They refused to pay rent also. The respondents filed suit for ejectment of Waris Khan and Muhammad Iqbal before the Court…

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