Pakistan Case Lawโ† Search
1986 SCMR 979

GHULAM DASTGIR And Others vs HIDAYAT And Other

Citation1986 SCMR 979
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1269 of 1980 Civil Revision No. 690/D of 1980
Date1985-11-10
Judge(s)Nasim Hasan Shah, S. A. Nusrat
ResultPetition dismissed

ORDER

S.A. NUSRAT, J.--The dispute in this petition relates to the succession of one Muhammad alias Haji Muhammad deceased as original tenant of a State land allotted by the Collector under the Colonization of Government Lands (Punjab) Act, 1912 who had died somewhere in 1946 leaving behind sons and grandsons. The respondents brought a declaratory suit against the petitioners seeking relief to the effect that they may be declared owner to the extent of 1/3rd share in the tenancy comprised of the suit land as heirs of Muhammad alias Haji Muhammad, a propositus. The suit was decided after hot contest on the basis of evidence and decreed by the learned Civil Judge First Class, Chishtian by his judgment, dated 30-7-1978. The petitioners unsuccessfully appealed against the judgment and decree of the trial Court before the Additional District Judge and latter before the High Court through a Civil Revision under section 115, C.P.C. The last order was passed by the Lahore High Court, on .14-6-1980 and is the subject-matter of this petition for leave to appeal.

2. The decision on the issue of succession stands concluded by the concurrent findings of fact given by the learned two Courts below. The learned High Court had examined the issue and found no justification for interference.

3. After hearing the learned counsel and having gone through the record of the case, we are not persuaded to differ from the opinion of the learned Courts below as well as the refusal by the High Court to, interfere with in the matter. This petition deserves to be dismissed which we hereby do.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch