| Citation(s) |
|---|
| 2001 SLG 1541 2001 SLD 1541 2001 SCMR 1576 |
Supreme Court of Pakistan
Civil Petition No.417-K of 1997, decision dated: 11-02-1998. (On appeal from the judgment dated 12-9-1997 of the High Court of Sindh, Karachi in R.A. No.323 of 1994)
MUKHTAR AHMAD, JUNEJO AND NASIR ASLAM ZAHID, JJ
Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for
Respondent
Civil Petition No.417-K of 1997, decision dated: 11-02-1998. (On appeal from the judgment dated 12-9-1997 of the High Court of Sindh, Karachi in R.A. No.323 of 1994)
MUKHTAR AHMAD, JUNEJO AND NASIR ASLAM ZAHID, JJ
Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for
Respondent
MUHAMMAD NAEEM alias M.A. RAHIM
VS
MUHAMMAD INAMUR RAHIM
Law:
Section:
Specific Relief Act (I of 1877) Ss.42 & 54Constitution of Pakistan (1973). Art.185(3)Suit for declaration and perpetual injunction-Petitioner had laid his claim on a plot allotted in the name other than the -Petitioner's by asserting that the same was his "other name", but failed to produce any oral or documentary evidence to that effectTrial Court dismissed the suit and judgment of Trial Court was upheld in appeal by the Appellate Court and in revision by High CourtPlaintiff/-Petitioner could not point out any evidence which was not considered by any of the .Courts below and had also failed to point out any misreading or nonreading of evidence by the Courts belowCase of -Petitioner having been properly dealt with by all the Courts below, in absence of any misreading or nonreading of evidence, no case had been made out for interference by the Supreme Court. JUDGMENT MUKHTAR AHMAD JUNEJO, J. -Petitioner Muhammad Naeem seeks leave to appeal against a judgment dated 1291997 by High Court of Sindh in Civil Revision No.323 of 1994. The plot in litigation bearing No. 16/9/A 'B' Area, Liaquatabad, measuring 80 sq.yds. was allotted in name of "M.A. Rahim". The -Petitioner who has throughout been called as "Muhammad Naeem" claimed, his other name to be "M.A. Rahim", and to be allottee of the suit plot from the Refugee and Rehabilitation Commissioner, Government of Pakistan. On 1651981 the -Petitioner filed Suit No.2066 of 1981 for a declaration that he was lawful allottee/owner of the house built on plot in suit. for cancellation of the registered saledeed dated 1931981 executed by the -Respondents Nos.2 and 3 in favour of his brother Muhammad Inamur Rehman -Respondent No. 1, for possession of the suit property and for issue of perpetual injunction restraining -Respondent No. l from alienating the suit property. Case of the -Petitioner was that after allotment of said plot in 1956 he raised temporary construction and shifted there with his mother and two brothers, namely, Muhammad Inamur Rahim and Muhammad Abdul Malik (now dead). Ultimately in 1964 a Pucca house was constructed by the -Petitioner, as claimed by him but his brother Abdul Haleem left the house,…
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