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1989 SCMR 1146

SPARAS KHAN vs MANZOOR HAIDER SHAH and others

Citation1989 SCMR 1146
CourtSupreme Court of Pakistan
Case No.Civil Petition No,42-R of 1988
Date1989-04-09
Judge(s)Ali Hussain Qazilbash, Muhammad Afzal Zullah
ResultPetition dismissed

ORDER

' ALI HUSSAIN QAZILBASH, J.--This petition arises from the order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 9-1-1988, whereby the revision petition filed by the petitioner was dismissed.

2. The respondents are owners of certain lands situate in village Morate, Tehsil Talagang, District Chakwal. They are alleged to have mortgaged land bearing Khasra No,451 for a sum of Rs,1,800 vide Mutation No,1385 and land bearing Khasra Nos.465 and 462 for Rs,800 vide Mutation No,1379 in favour of the petitioner. The respondents agreed to sell land measuring 51 Kanals 8 Marlas for a sum of Rs,10,000. They are, however, alleged to have committed a fraud and reported to the Patwari that they have mortgaged land measuring 51 Kanals 8 Marlas in favour of the petitioner for Rs,10,000 and a Mutation No,1437 was entered on 18-2-1968 in the absence of the petitioner. It was subsequently attested on 21-2-1968. The petitioner then filed a suit claiming to be the owner of the land in question by purchase. It was a contested suit and the learned trial Court after recording the evidence dismissed the suit on 16-7-1984 and the appeal and revision of the petitioner were also dismissed by the Additional District Judge, Chakwal, on 20-9-1986 and the High Court on 9-1-1988.

3. We have heard the learned counsel for the petitioner and have, gone through the judgments of the Courts below. All the Courts have concurrently non-suited the petitioner by holding that in fact the land was mortgaged with the petitioner and no evidence has been brought forth that the same was sold to the petitioner. The learned counsel for the petitioner could not pinpoint any misreading of evidence in this case. We, therefore, do not find any merit in this petition and dismiss the same.

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