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1989 SCMR 1620

MUHAMMAD MAOBOOL HUSSAIN vs Mst. RAZIA BEGUM

Citation1989 SCMR 1620
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,728 of 1985
Date1989-03-28
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a suit for declaration and possession filed by the respondent, against the dismissal by the High Court, of his Civil Revision.

2. ' The respondent had challenged a Tam leek alleged to have been made by her in favour of the petitioner who is her paternal cousin. The suit was decreed. Petitioner's appeal was dismissed for the reason of deficiency of court-fee. His Regular First Appeal, however, was accepted by the High Court and the case, was remanded to the District Judge who again dismissed the appeal both on the ground of failure of the petitioner to make up the deficiency within time granted by the Court as also on merits. The petitioner again approached the High Court in the second round.

3. ' After careful examination of the reasoning which prevailed with the learned lower Court, the High Court came to the conclusion that it was not a fit case for its interference on merits as the findings of fact were un-exceptionable.

4. We asked the learned counsel whether there are any such circumstances which might lead to supposition that the learned lower Courts committed any substantial error of law or principle in the appraisal of the material regarding the Tamleek alleged to have been made in favour of the petitioner by the respondent but he has not been able to point out any such error. Accordingly, we do not consider it a lit case for grant of leave to appeal. The same, therefore, is refused.

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