| Citation(s) |
|---|
| 1990 SLG 898 1990 SLD 898 1990 SCMR 1015 |
Supreme Court of Pakistan
Civil Petition No. 515 of 1986, decision dated: 16-01-1990.
GHULAM MUJADDID, SAAD SAOOD, JAN AND ABDUL SHAKUNIL SALAM, JJ
Jari Ullah Khan, Senior Advocate Supreme Court and lqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Ch. Qadir Bakhsh, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for
Respondents.
Civil Petition No. 515 of 1986, decision dated: 16-01-1990.
GHULAM MUJADDID, SAAD SAOOD, JAN AND ABDUL SHAKUNIL SALAM, JJ
Jari Ullah Khan, Senior Advocate Supreme Court and lqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Ch. Qadir Bakhsh, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for
Respondents.
MUHAMMAD SIDDIO and anotherPtitioners
VS
ABDUL RASHID and others
Law:
Section:
Constitution of Pakistan (1973)-------Art.185(3)---Concurrent finding of fact by three Courts below---Leave to appeal---Trial Court on the basis of evidence on record had come to conclusion that petitioner had encroached on an area of the house transferred to respondents' predecessor-in-interest---Finding was upheld in appeal on reappraisal of evidence---Such finding having not been shown to be suffering from any misreading of evidence was not displaced in revision, by High Court--Concurrent finding of fact by three Courts below called for no interference by Supreme Court---No point of law was involved---Leave to appeal refused. ORDER ABDUL SHAKURUL SALAM, J.--Respondents are heirs of Muhammad Raman who was transferred a House No. P-521, situate in Toba Tek Singh. Adjacent property No. 522/2, was transferred to one - Fateh Muhammad who sold it to Abdul Ghani and the later in his turn sold it to the petitioners. The respondents filed a civil suit saying that the petitioners had encroached an area measuring 2-1/2 Marlas of the House No. P-521 transferred to their predecessor, Muhammad Ramzan and for recovery of the said area. It was resisted by the petitioners. On the basis of the evidence on the record, the learned Civil .fudge, Toba Tek Singh came to the conclusion that the claim of the respondent was correct and he decreed the suit vide judgment and decree dated 9-3-1985. On petitioners' appeal. the evidence was re-appraised by the learned Additional District .judge, Toba Tek Singh, who upheld the finding of the learned trial Court and dismissed the appeal vide judgment…
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