| Citation(s) |
|---|
| 2004 SLG 1084 2004 SLD 1084 2004 SCMR 995 |
Supreme Court of Pakistan
Civil Petition No.3219 of 2001, decision dated: 11-07-2002.(On appeal from the judgment of Lahore High Court, Bahawalpur Bench, dated 20-9-2001 passed in C.R. No.339-D of 1989)
JAVED IQBAL, TANVIR AHMED KHAN AND MUHAMMAD NAWAZ ABBASI, JJ
Muhammad Munir Peracha Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.3219 of 2001, decision dated: 11-07-2002.(On appeal from the judgment of Lahore High Court, Bahawalpur Bench, dated 20-9-2001 passed in C.R. No.339-D of 1989)
JAVED IQBAL, TANVIR AHMED KHAN AND MUHAMMAD NAWAZ ABBASI, JJ
Muhammad Munir Peracha Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
FATEH MUHAMMAD -
VS
GHULAM MUSTAFA and 4 others
Law:
Section:
Specific Relief Act (I of 1877)---S.42---Land Reforms Regulations, 1972 (M.L.R. 115), para.24(4)--¬Constitution of, Pakistan (1973), Art.185(3)---Suit for declaration--¬Plaintiff claimed that alleged sale deed executed by him was forged, fictitious and illegal, as being violative of para.24(4) of Land Reforms Regulations 1972---Trial Court dismissed suit, which was upheld by Appellate Court and High Court---Sole point raised by plaintiff that his holding being less than subsistence holding, he could only alienate same in terms of said para.24(4) to a person fulfilling required qualification, did not find favour with High Court to have any substance---No defect of misreading or non-reading of evidence was found in concurrent findings of three Courts on a question of fact--¬Supreme Court dismissed petition and refused leave. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--------This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred seeking leave to appeal against the judgment dated 20-9-2001 passed by a learned Single Judge of Lahore High Court, Bahawalpur Bench, in a civil revision. The relevant facts are that petitioner filed a suit for declaration that the sale-deed dated 21-9-1973 pertaining to land measuring 49 Kanals 9-1/2 Marlas allegedly executed by him, was forged and fictitious document and that the Mutation bearing No.250 dated 20-6-1976 sanctioned on the basis of said sale-deed, was void. It was pleaded that the sale being in violation of para 24(4) of M.L.R. 115 of 1972 was illegal. The suit was contested by the respondents and the learned trial Judge in the light of pleadings of the parties and the respective evidence produced by them, dismissed the suit vide judgment dated 25-3-1989. The appeal preferred by the petitioner and the cross objection filed by the respondents were dismissed by the learned District Judge, Bahawalnagar, vide judgment dated 27-6-1989. The petitioners while invoking revisional jurisdiction of the High Court challenged the concurrent findings of…
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