| Citation(s) |
|---|
| 1991 SLG 993 1991 SLD 993 1991 SCMR 1495 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 63 of 1986, decision dated: 11-06-1989(On appeal from the order of the Lahore High Court dated 28-10-1985 in Civil Revision No. 2065-D of 1985)
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ
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Civil Petition for Leave to Appeal No. 63 of 1986, decision dated: 11-06-1989(On appeal from the order of the Lahore High Court dated 28-10-1985 in Civil Revision No. 2065-D of 1985)
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ
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GHULAM RASOOL and others
HURMAT
Law:
Section:
Transfer of Property Act (IV of 1882)--S. 53-A---Constf~ution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether petitioner's pleas based on S.53-A of the Act and regarding the effect of decision given in his favour in an earlier suit, were rightly rejected by High Court on the assumption that such pleas were not raised by him earlier and even if not raised or pressed earlier whether such pleas should not have been decided by High Court on merits in the circumstances of the case. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendant side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Civil Revision. No doubt 'the petitioners have lost throughout but after hearing the learned counsel we consider it…
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