' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal is directed against the judgment, dated 21-1-2003 passed by the Lahore High Court, Lahore.
2. We have heard the learned counsel for the petitioners and have gone through the impugned judgment. Concluding para. Of the impugned judgment is reproduced hereinbelow:-- "Having considered the record and the impugned judgment, I am not in the slightest doubt that the land allotted jointly to the petitioners and his brother Noor Muhammad had in fact, been partitioned by mutual agreement and that the two brothers were in occupation of their respective shares. This circumstance, as discussed above, has expressly been acknowledged and asserted by the respondents in their written statement. They cannot, therefore, escape the consequences of the said averment be turning around and adopting a contrary plea that the petitioner was not entitled to exclusive possession of his share of the suit-land. This conclusion would follow even if technically it is held that no formal partition deed has been executed between the two brothers and registered under the Registration Act. At this juncture, it is important to note that the suit filed by the petitioner/plaintiff merely sought possession of the portion of the disputed property which admittedly fell in his share of the same and he was not claiming any land in excess of his entitlement. On the other hand, the respondents were occupying land in excess of their entitlement and this had been done through forcible dispossession of the tenants of the petitioner/plaintiff, who were occupying a portion of the building raised by the petitioner/plaintiff. In this view of the matter, I find that the impugned judgment and decree are not sustainable. The same are therefore, set aside. As a consequence the judgment and decree of the learned trial Court, dated 26-9-1998 stand restored."
3. In our considered opinion as the partition of the property had already taken place, therefore, no live issue is left for consideration. Even otherwise no question of law is involved in the instant case warranting exercise of jurisdiction by this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, as such, this petition is dismissed and leave declined.
Leave to appeal declined.