Case Details

Citation(s)
1991 SLG 889 1991 SLD 889 1991 SCMR 347
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 398 of 1986, decision dated: 29-08-1989.(On appeal from the order of the Lahore High Court, Lahore dated 9th February 1986 in C.R. No. 343/13 of 1986)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ

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MUHAMMAD SHAFI

ABDUL HAMID and others

Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)---Leave to appeal---Concurrent findings of fact recorded by Courts below based on personal inspection of site by Appellate Court, held, could not be interfered with in absence of any misreading of evidence---Leave to appeal was refused. ORDER JAVID IQBAL, J.---This petition for leave to appeal is directed against order dated 9th February 1986 passed by Lahore High Court, Lahore whereby civil revision of the petitioner was dismissed. Briefly the facts are that the respondents filed a suit for declaration to the effect that the staircase situated between their and the petitioner's shop was co-owned by both the parties for having access to their respective upper portions and that the petitioner had no right to prevent them from its user. The trial Court as well as the appellate Court concurrently held that the staircase was commonly owned by both the parties and this finding of fact…
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