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1989 SCMR 565

MUHAMMAD AMIR vs NOOR MUHAMMAD and others

Citation1989 SCMR 565
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,341 of 1982
Date1988-11-15
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a suit for declaration, against the dismissal of his civil revision by the High Court. Respondents Nos.2 and 3 stated to be the petitioner's co-sharers sold a piece of land to Respondent No,1 from a Khata which was alleged to he joint. The petitioner challenged the transaction on the ground that it involved his share. The suit was decreed. The respondents' appeal was allowed on the ground that the alienation was not beyond their share. This appellate decision having been affirmed by the High Court in Civil Revision filed by the petitioner, he has now sought leave to appeal.

2. ' Although the findings of fact were questioned before the High Court, the learned counsel has now urged before this Court that an earlier decree regarding the same land but with different area, has not been noticed by the High Court.

3. This plea was not raised before the High Court. However, after hearing the learned counsel in this behalf we are satisfied that the first appellate judgment does not suffer from any such error which should have been corrected in the revisional jurisdiction of the High Court. Leave to appeal is, therefore, refused.

4. ' Leave to . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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