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2008 SCMR 748

MUHAMMAD IQBAL and other vs Hakeem IHSAN ULLAH QURESHI

Citation2008 SCMR 748
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2846-L of 2000
Date2005-05-25
Judge(s)Khalil-ur-Rehman Ramday, M. Javed Buttar
ResultPetition dismissed

ORDER

' KHALIL-UR-REHMAN RAMDAY, J.--- It had been concurrently found by the two learned Courts i.e, the learned first appellate Court and the Honourable second Appellate Court that there was no proof of proportionate contribution by the vendees towards the sale price of the suit-land. Such conclusion had been reached by the learned Courts after examination of the effect of the statements of Fateh Muhammad Lambardar (D.W.2), Dawood (D.W.6) and Muhammad Iqbal (D.W.5).

2. We have heard the learned senior Advocate Supreme Court for the petitioners at some length and have also examined the record in the light of the submissions made by him.

3. The learned counsel could not show as to how the case in hand was one of misreading of any piece of evidence or a case where the two Appellate Courts had omitted to consider any material available on record. Mere possibility of someone coming to a conclusion different from the one concurrently reached by the two learned Courts is hardly a ground which could justify interference by this Court with such concurrent conclusions.

4. In this view of the matter, no exception could be taken to the impugned judgment of the learned High Court as a result whereof the petitioners had been non-suited on the basis of the principle of sinker.

5. This petition is, therefore, dismissed. Leave refused.

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