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1990 SCMR 1480

Malik KHALIL AHMAD vs Malik HABIB AHMAD and others

Citation1990 SCMR 1480
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,703 of 1988
Date1989-05-10
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

1. ' GHULAM MUJADDID, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 26-4-1988 whereby his second appeal against the judgment of Additional District Judge, Lahore, dated 6-11-1987 was dismissed. The petitioner has been unsuccessful throughout.

2. He deserved it. He is fighting against his own real brothers and sisters. Malik Habib Ahmad, respondent before us, had filed a suit for partition in the Court of Civil Judge, Lahore which was decreed. Appeal by the petitioner was dismissed and so was the case with the second appeal.

3. ' The case of the petitioner is that he is the exclusive owner of the house and not his father and hence the respondent had no share in the property.

4. This matter was thoroughly examined by the trial Court, by the first appellate Court and finally by the High Court. Therefore, we are not prepared to re-appraise the evidence, especially when there is no proposition of law to be examined nor it is a case either of misreading of evidence or non- reading of evidence. The petition is dismissed.

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