Pakistan Case Lawโ† Search
1989 SCMR 1766

GHULAM DASTGIR and 3 others vs JAMAL DIN and 3 others

Citation1989 SCMR 1766
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 1081 of 1984
Date1988-11-27
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a suit for declaration; against the acceptance by the High Court of respondent's Civil Revision.

2. The respondents had challenged the alienation by their predecessor-in- interest--named Naiki in petitioners favour as fake and forged. The trial Court decreed the suit, inter alia, on the finding that Naiki had died during the disturbances at the time of partition many years before the execution of the disputed transfer deed. Petitioners' appeal succeeded but on respondents' civil revision, the trial Court decree was restored.

We have heard learned counsel for both the sides, the controversy with regard to the genuineness of alienation stands concluded by findings of fact. The technical objection notwithstanding, in our view, the impugned findings of fact are unexceptionable. Leave to appeal, therefore, is refused as it is not a fit case in that behalf.

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