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2004 SCMR 1585

NUR MUHAMMAD vs Mst. AISHA

Citation2004 SCMR 1585
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 1986/L of 1999
Date2002-06-27
Judge(s)Mian Muhammad Ajmal, Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 6-7-1999 passed.By a learned Single Judge of the Lahore High Court. Lahore, whereby Civil Revision No,1644- D of 1999 filed by the petitioner was dismissed.

2. ' The facts succinctly narrated for the disposal of this petition are that respondent Mst. Aisha filed a declaratory suit taking exception to the mutation of sale hearing No,201, dated 5-12-1983 averring therein that she was owner in possession of the land in dispute and the said mutation had been fraudulently got recorded by petitioner, her brotherin his name in a collusive manner without consideration. Thepetitioner/defendant contested the claim of the respondent, out of pleadings of the parties issues were framed, the parties led their evidence and the learned Civil Judge 1st Class, Bhalwal, through his judgment, dated 18-3-1989 decreed the suit. The petitioner filed an appeal challenging the aforesaid judgment of the trial Court, which was dismissed by the learned Additional District Judge, Bhalwal, vide his judgment, dated 21-6-1989. Civil Revision No,1644-D of 1999 preferred by the petitioner before the Lahore High Court also met the same fate and was dismissed by a learned Single Judge through his judgment, dated 6-7-1999, impugned herein.

3. Hence, this petition for leave to appeal.

4. We have considered the contentions advanced by the learned counsel and have perused the entire documents appended with this petition with his assistance. The two Courts below after scanning the evidence threadbare decreed the suit of the respondent and the learned Single Judge of the Lahore High Court has maintained the same by giving cogent and sound reasons.

5. Learned counsel has failed to make out a case for interference by this Court. The petition is, accordingly, dismissed and leave refused.

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