| Citation(s) |
|---|
| 2008 SLG 1845 2008 SLD 1845 2008 SCMR 1422 |
Supreme Court of Pakistan
Civil Petition No.2350-L of 2002, decision dated: 29-05-2003.(On appeal from the judgment dated 22-4-2002 passed by Lahore High Court, Lahore in Civil Revision No.984 of 1995)
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondent
Civil Petition No.2350-L of 2002, decision dated: 29-05-2003.(On appeal from the judgment dated 22-4-2002 passed by Lahore High Court, Lahore in Civil Revision No.984 of 1995)
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondent
AKBAR ALI and anothers
VS
MUHAMMAD RAMZAN
Law:
Section:
Specific Relief Act (I of 1877)---S. 8---Constitution of Pakistan (1973), Art.185(3)---Recovery of possession---Concurrent findings of facts by the Courts below---Plaintiff failed to substantiate his claim over the suit-land by leading any convincing oral or documentary evidence---Defendant proved to have purchased the suit-land by means of sale-deed duly supported by copies of record of rights which could not be rebutted---Plaintiff failed to explain as to how the suit property had devolved upon him---Effect---Supreme Court as the final Court of appeal would not disturb concurrent findings of facts based on full appreciation of evidence save in most exceptional cases which was lacking in the present case---Conclusion as arrived at by Appellate Court and affirmed by High Court was neither whimsical nor capricious meriting any interference by Supreme Court---No question of law of public importance was involved in the matter persuading Supreme Court to grant leave---Leave to appeal was refused. Muhammad Sharif v. Abdul Majid 1986 SCMR 190 Sadiq Jan v. Muhammad Rashid 1985 SCMR 860; Abdur Rauf Khan v. Firm Babu Munir Ghulam Siddique 1976 SCMR 436; Star Textile Mills Limited v. IVth Sindh Labour Court 1976 SCMR 448; Sanaullah v. State 1985 SCMR 1488 and Jamal Khan v. Ghulam Muhammad 1978 SCMR 179 ref. ORDER JAVED IQBAL, J.--- This 'petition for leave to appeal is directed against the judgment, dated 22-4-2002 passed by learned Lahore High Court, Lahore, whereby the revision petition preferred on behalf of petitioner has been dismissed and order of the First Appellate Court dated 2-4-1995 has been kept intact. 2. Precisely stated the facts of the case as enumerated in the judgment impugned are to the effect that Muhammad Ramzan, the present respondent filed a suit for possession of the property comprising of Khasra No.1060, Khewat No.281, Khatoni No.422 land measuring 4 Marlas to have been transferred in his favour through a registered sale-deed dated 25-3-1980 executed by Nawab Din. The said sale-deed was also entered in the Revenue Record vide Mutation No.2181. The defendants wanted to raise construction over the property and till then they requested the plaintiff…
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