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1987 SCMR 1628

DILBAR HUSSAIN vs MAHMOODUL HASAN

Citation1987 SCMR 1628
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 33-Q of 1986
Date1987-02-15
Judge(s)Mian Burhanuddin Khan, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from a consolidated judgment of Baluchistan High Court dated 26-3-1986 by which Regular First Appeals Nos.9 and 12 of 1985 filed by the petitioner were dismissed. Regular First Appeal No.9 of 1985 arose out of a suit filed by respondents on 10-12-1980 in the Court of Senior Civil Judge, Quetta, against the petitioner for recovery of possession of land measuring 1,500 square feet alongwith a but (hereinafter referred to as the "suit property"), situated in Khasra No.1327 Ward No.21, Quetta. The respondents purchased the suit property from the previous owner on 2-5-1975 and got the land mutated in their name.

2. They asserted in the suit that petitioner was occupying the suit-property as a licensee, being an employee of the previous owner, Mr. F.B. Patel, and he requested them for grant of permission to stay in the premises for 2 or 3 months so that he may find an alternate arrangements for his residence. They averted in this behalf that since petitioner's request was supported by Mr. F.B. Patel the) agreed, but despite the undertaking, petitioner, failed to vacate the premises, and instead took up the matter with the Martial Law Administrator 'D' Zone, In these proceedings, petitioner gave an undertaking to vacate the suit property by 15-11-1972 but he instead of honouring the undertaking, filed Constitution Petition No.167 of 1977 in the High Court of Baluchistan which was dismissed.

3. Regular First Appeal No.12 of 1985 arose out of a suit filed by petitioner for declaration that the sale- deed in favour of the respondents was contrary to law, and they have no legal authority to evict him from the suit property. This suit was also dismissed by the learned trial Judge by the same judgment dated 10-10-1985.

4. On re-appraisal of the evidence, learned Judges in the High Court held that petitioner was a mere licensee in respect of the suit property. They further held that the petitioner being a stranger to the transaction in respect of the property was not entitled to challenge the same when the sale was supported by the vendor himself After hearing the petitioner who appears in person, we find' that the findings of the fact reached by the learned Judges in the High Court have full support in evidence on record, and since no exception can be taken with the position in law stated by the learned Judges in the High Court, this petition has no merit and it is accordingly dismissed.

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