Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art.185(3)---Plaintiff's suit for declaration with consequential relief was dismissed by Trial Court---Plaintiff's appeal and revision against dismissal of suit also remained unsuccessful---Plaintiff had raised factual controversy which could not be deemed to be on a point of law which required adjudication by Supreme Court---Concurrent findings of fact of Courts below were that predecessors of contesting defendants were in possession of land as mortgagees and that plaintiff could prove sale of any portion of land in favour of his father---Mutation was entered in favour of plaintiff's father but that was ultimately rejected---Courts below had considered evidence adduced by parties and then decided the matter against plaintiff on merits---Neither re-appraisal of evidence was in question nor any point of law was involved in petition for leave to appeal---Leave to appeal was refused in circumstances. Shad Muhammad v. Khan Poor P L D 1986 SC 91 ref. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the Lahore High Court dated 28-1-1990. 2. The facts, in brief, are that the petitioner filed a suit for declaration to the effect that he is owner in possession of the land mentioned in his plaint with consequential relief that the respondents be restrained from interfering with the possession and title of the petitioner. According to the petitioner, the land originally belonged to Hussain son of Bhaka, the father of Mirza and Azeem, respondents No.1 and 2, who sold 7 Kanals 6 Marlas in favour of Mohammad Ajaib Atta Mohammad son of Mohammad Zaman vide mutation No. 523 but later on he got it cancelled and sold the same to Abdul Haleem, father of the petitioner vide Mutation No.529 but the Revenue Officer while canceling Mutation No.523 rejected Mutation No.529 on 26-2-1955. Thereafter, the respondents No.1 and 2 also sold the remaining land to the respondents 1 to 6. Since Azeem and Mirza sons of Hussain and Mst. Roshanal also filed a suit for possession of the same land against the petitioner and respondents No.4 and 5 wherein they averred that the suit land…

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