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1989 SCMR 1485

WAZEER ALI vs ABDULLAH and others

Citation1989 SCMR 1485
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,60 of 1985
Date1989-02-26
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. ' USMAN ALI SHAH, J.--This petition for leave to appeal has arisen from the judgment and order dated 29-10-84 of the Lahore High Court, Lahore, passed in Civil Revision No,1726-D/84, whereby a decree passed in a declaratory suit for possession in favour of the petitioner on 11-4-83 by the Civil Judge was set aside in appeal by the respondents before the Additional District Judge, Kasur vide his order, dated 12-8-84. Thereafter, civil revision of the petitioner before the High Court, Lahore against the said order of the District Judge was also dismissed in limine.

2. ' The petitioner had brought his original suit for declaration to the effect that he had not sold the land in dispute to the respondents through a sale-deed, dated 4-1-1967 which was fictitious and obtained with fraudulent manner, this ineffective against the rights of the petitioner.

3. ' We have heard the learned counsel for the petitioner and gone through the judgments of the Courts below. We do not see any merit in this petition which deserves dismissal forthwith. The question raised by the learned counsel before us, is that neither any sale-deed was executed nor it was proved by the respondents, by producing any marginal witness to the sale-deed. This argument of the learned counsel is with regard to the question of fact, which has already been adjudicated upon by the learned Additional District Judge in appeal, who after appraisement of the evidence and all the relevant material on record had arrived at a correct conclusion. The learned High Court also rightly not considered it a fit case for any interference in the finding of the District Judge. The learned counsel, however, did not show us any legal defect therein, for consideration of this Court.

4. ' The result is that this petition has no merit and is hereby dismissed. Leave refused.

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