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1990 SCMR 472

GHAZANFAR ALI and another vs FIDA HUSSAIN and 2 others

Citation1990 SCMR 472
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 192/R of 1988
Date1989-06-26
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. ' S. USMAN ALI SHAH, J.--This is a petition for leave to appeal against the order of the learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpidi, dated 12-3-1988, dismissing the civil revision filed by the petitioners against the order dated 9-2-1988 of the Addl. District Judge, who affirmed the ejectment order passed by the Senior Civil Judge, vide his order dated 10-10-1987 on the ejectment suit filed by the respondents against the petitioners from a Shop Unit No,699, situated in Abpara Market, Islamabad. The facts of the case in detail are given in the plaint.

2. ' The learned counsel for the petitioners urged before us that Zafar Ali alongwith Khalid Iqbal were not party to the litigation and were in occupation of the shop in dispute and thus the suit is badly hit by non-joinder of the necessary parties. A perusal of the record will show that Zafar Ali brother of the petitioner was neither a tenant under the agreement of the respondents nor any reply to the notice issued to the petitioners was sent with respect to the respondents landlords. The respondents after the purchase of the property in dispute, were under obligation to serve notice on the occupants which they have already issued to the petitioners.

3. The point involved in this case stands concluded on question of facts by the three Courts below which suffer from no infirmity and the learned counsel for the petitioners has not been able to show any error of law or point out any mistake in the appraisal of the evidence on record. This petition is without any merit and accordingly, is dismissed.

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