| Citation(s) |
|---|
| 1991 SLG 1391 1991 SLD 1391 1991 SCMR 1833 |
Supreme Court of Pakistan
Civil Petition No.789 of 1989, decision dated: 30-07-1989(From the judgment dated 27-5-89 of the Lahore High Court, in C.R. No.1114/D of 1984)
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
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Civil Petition No.789 of 1989, decision dated: 30-07-1989(From the judgment dated 27-5-89 of the Lahore High Court, in C.R. No.1114/D of 1984)
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
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HASHIM ALI
MUHAMMAD RAFIQUE and others
Law:
Section:
Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration--Suit filed by predecessor-in-interest of respondents that he was owner in possession of suit land and sale-deed alleged to have been executed by him in favour of petitioner and others was a forged one, was concurrently decreed up to the High Court---Case of petitioner/defendant, itself being that he had not Purchased land in dispute from predecessor-in-interest of respondents, but had obtained it from another person of the same name---Courts below, held. were justified in granting declaration sought in suit---Leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.---This petition for special leave to appeal arises out of a suit filed by Ali Muhammad, predecessor-in-interest of respondents Nos.1 to 6 for, a declaration inter alia that he was owner in possession of about 51 Kanals of land and that the sale-deed dated 18-8-72 alleged to have been executed by him in favour of the petitioner and some others, was forged one. The suit was decreed by the trial Court and the petitioner's appeal before the Additional District Judge and revision petition before the High Court failed. He now seeks leave to appeal from this Court. 2. It was not the case of the petitioner and the other vendees that they had purchased the land in dispute from Ali Muhammad, plaintiff, predecessor-in-interest of respondents Nos.1 to 6; on the other hand, they claimed that they had obtained the land from another person of the same name. The trial Court as well as the Additional…
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