| Citation(s) |
|---|
| 1991 SLG 1047 1991 SLD 1047 1991 SCMR 787 |
Supreme Court of Pakistan
Civil Petition No. 60-R of 1989, decision dated: 29-01-1990(Against the judgment and order dated 23-1-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Civil Revision No. 5 of 1989)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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Civil Petition No. 60-R of 1989, decision dated: 29-01-1990(Against the judgment and order dated 23-1-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Civil Revision No. 5 of 1989)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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AKBER ALI and others
MUHAMMAD KHAN and others
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3)---Courts below, concurrently concluded that respondents being owners of land in dispute had not entered into agreement of lease with petitioners---No material evidence had been excluded by Courts below from consideration---Leave to appeal was refused in circumstances. Civil Petition No. 60-R of 1989, decided on 29th January, 1990 (Against the and order dated 23-1-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Civil Revision No. 5 of 1989). ORDER ABDUL QADEER CHAUDHRY, J: --The petitioners alongwith respondent No.34 filed a suit against respondents Nos. 1 to 33 claiming perpetual injunction restraining the defendants from dispossessing the plaintiffs from the land measuring 110 Kanals 19 Marlas situate in Moza Kala Gujran, Tehsil and District Rawalpindi. The suit was filed on the averments that the suit land belonged to the respondents 1 to 33 who had leased out the said land for the purpose of Brick-Kiln by an oral agreement to respondent No.34 who entered into a partnership with the petitioner with the consent of respondents Nos. 1 to 33. The suit was contested by the respondents. Alongwith the suit, the petitioners had filed an application under Order XXXIX, Rules 1 and 2, C.P.C. which was granted by the trial Judge with respect to a part of the suit land. The petition was dismissed with respect to…
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