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1990 SCMR 694

SADIQ MUHAMMAD vs MADAD ALI and 2 others

Citation1990 SCMR 694
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,599 of 1985
Date1989-06-03
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by defendant side in a suit for declaration and perpetual injunction; against the dismissal by the High Court, of their Civil division.

2. It had arisen out of a decree passed in favour of the repondents/plaintiffs side which has been upheld throughout.

3. ' Learned counsel pointed out that issue No,7 which related to the merits of the dispute regarding genuineness and effectiveness of the questioned mutation, has wrongly been decided in favour of the respondents. He has also contended that the order of mutation decided in petitioner's favour should have been given some effect even if not binding.

4. ' We have heard the learned counsel on these points. He admitted that the disputed mutation would not have a binding effect on respondents/plaintiffs' right. Accordingly he rightly pointed out that the main controversy now left to be resolved is regarding the decision of issue No,7.

5. After hearing the learned counsel on facts and appreciation of evidence we have not been able to discover any error, legal or otherwise, in so far as the concurrent findings of fact rendered against the petitioner are concerned. Leave to appeal, accordingly, is refused.

Cited by 2 cases

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