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1989 SCMR 600

MUHAMMAD SALEEM and others vs MUHAMMAD ASLAM and others

Citation1989 SCMR 600
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,755 of 1983
Date1988-11-08
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal refused

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court Multan Bench, dated 12 March, 1983 whereby the civil revision of the petitioners was dismissed.

2. ' Briefly the facts are that Ghulam Haider predecessor-in-interest of the petitioners filed a suit against the respondents for specific performance of an agreement to sell the disputed house for Rs,15,000 made by Jahangir Khan predecessor-in-interest of respondents Nos.1 to 3 in favour of said Ghulam Haider. The suit was filed for specific performance of the agreement. Jahangir Khan died on 26 January 1963 and after his death respondents Nos.1 to 3 had refused to perform the contract, and instead sold the house to respondent No,4. The trial Court dismissed the suit on 3 February, 1981. Thereafter, the appeal of the petitioners was likewise unsuccessful and so was the fate of their civil revision.

3. We have heard learned counsel for the petitioners. So far as the merits of the case are concerned there are concurrent findings of fact decided against the petitioners by all the Courts below.

4. Learned counsel could not succeed in pointing out any misreading or non-reading of the evidence.

5. Since the questions of fact have been decided against the petitioners and no point of law had been raised in the instant case we do not find any substance in this petition which is accordingly dismissed.

6. ' Leave to .

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