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1989 SCMR 1132

ALIM DIN vs NIAZ MUHAMMAD alias DAULA and 4 others

Citation1989 SCMR 1132
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,27 of 1985
Date1989-02-27
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff, against the dismissal by the High of his Civil Revision. It had arisen out of his suit for possession of a small plot of land claimed to have been allotted to him under the Settlement Scheme No,VII.

2. ' The dispute between the parties was whether the petitioner was allotted the particular plot (Ahata) claimed by him; namely, 5 Marlas in Khasra No,7492 or it was a different piece of land.

3. Petitioner's suit was initially decreed but the respondents' appeal was allowed and it was held that he was entitled to a plot of about 3 Marlas out of Khasra No,7432. On petitioner's revision the High Court also examined the merits of the pleas raised from either side and affirmed the appellate judgment, hence, the petitioner has sought leave to appeal.

4. We have heard the learned counsel on the factual controversy and at his insistence have also examined the record. After hearing him we have not been able to find out any justification for setting aside the concurrent findings of fact by the two higher Courts. It is not a fit case for re- appraisal of the evidence regarding which no law or principle has been violated in the impugned judgments. Leave to appeal, accordingly, is refused.

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