Case Details

Citation(s)
2004 SLG 1059 2004 SLD 1059 2004 SCMR 936
Supreme Court of Pakistan
Civil Petition No.823 L of 2002, decision dated: 10-04-2002.(On appeal from the judgment of the Lahore High Court Lahore dated 10 1 2002 passed in Writ Petition No. 11585 of 1996)
MUNIR A. SHEIKH, KHALIL UR REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ali Akbar Qureshi, Advocate Supreme Court with Mehmoodul Islam, Advocate on-Record for Petitioners. Nemo for
Respondents

MUNAWAR and others

VS

HABIB and others

Law:

Section:

Civil Procedure Code (V of 1908)--- S. 12(2) Constitution of Pakistan (1973), Art. 185(3) Judgment and decree, setting aside of Plea of fraud and misrepresentation ¬Validity Petitioners failed to prove that findings recorded by Trial Court and affirmed by High Court suffered from any illegality ¬Petitioners could not make out a case for interference, as no evidence had either been misread or misconstrued Supreme Court declined to interfere with the orders passed by High Court and Trial Court Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J. Decree dated 6 11 1983 was obtained by the petitioners in a suit filed by them on 5 11 1983 against Muhammad Nazir, the original owner of the land on the basis of alleged consent of said Muhammad Nazir to the effect that the land had been gifted by him to the petitioners. Muhammad Nazir died on 16 8 1985. Admittedly, no mutation was got sanctioned either on the basis of the original gift allegedly made by Muhammad Nazir before filing of the suit on 5 11 1983 or on the basis of the said consent decree till the death of Muhammad Nazir on 16 8 1985. The petitioners are the nephews of Muhammad Nazir from his brother Muhammad Yaqoob whereas respondents 1 and 2 are also his nephew and niece from his other brother Muhammad Bashir who filed application under section 12(2), C.P.C. on 24 4 1988 that…
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