Case Details

Citation(s)
2004 SLG 1190 2004 SLD 1190 2004 SCMR 1521
Supreme Court of Pakistan
Civil Petition No. 2220-L of 1999, decision dated: 28-01-2003.(On appeal from the judgment/order, dated 17-11-1999 of the Lahore High Court, Multan Bench, passed in Civil Revision No. 474 of 1984)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Sheikh Maqbool Ahmad, Advocate Supreme Court for Petitioner. Nemo for
Respondents

Mst. HANIFA BIBI

VS

MUNAWAR AHMAD and others

Law:

Section:

Civil Procedure Code (V of 1908)---O.XVIII, R.18---Constitution of Pakistan (1973), Art. 185(3)-- Constitutional jurisdiction of Supreme Court---Factual controversy---Site inspection by Trial Court---Dispute between the parties was with regard to existence of door---Matter was decided after the Court had inspected the site---Validity---Question of fact qua existence of the door needed no further probe by Supreme Court---Neither the concurrent finding of fact by the Courts below could be dislodged nor any illegality or infirmity meriting interference could be pointed out---Leave to appeal was refused. ORDER JAVED IQBAL, J.---The controversy revolves around the existence of a staircase/door between property bearing Nos. F-18/1 and F- 18/II which used to be one unit which has been set at naught by the learned Single Judge in Chambers on 17-11-1999 vide judgment impugned, operative portion whereof is reproduced herein below for ready reference:--- "The learned trial Judge had recorded the statements of the parties and decided the matter after spot inspection. He found that the door of stair-case did exist but the same was found closed. The closing of the door gave cause of action to the petitioner for filing the suit. It is also to be noticed that there was no other stair-case leading…
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