ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the Lahore High Court dated 31-10-1989.
The facts, in brief, are that the respondents filed a suit for partition of land situate in urban area of Fateh Jang Town. He claimed a share of 1 kanal 14h marlas in the suit land. The learned Civil Judge by his judgment dated 21-2-1984 granted preliminary decree to respondent No.1 holding that he was entitled to land measuring 1 Kanal 10-1/2 Marlas out of the suit land excepting Khasra No.807.
The final decree was passed in favour of respondent No.1 on 1-10-1987. The appeals filed by both the parties were dismissed by the Additional District Judge. A Revision Petition was filed in the High Court which was dismissed.
3. The admitted position is that the plaintiff was co-owner of joint property and this fact has not been disputed by the learned counsel. A Local Commissioner was appointed by the trial Court who reported that the construction had been made on other plots excepting 1 Kanal 16 Marlas. The report of the Local Commissioner was considered by the trial Court in granting the relief.
4. Learned counsel for the petitioners submitted that the respondents are shareholder in all the Khasra numbers, therefore, they are not entitled to claim 1 kanal 10-1/2 Marlas in one Khasra number as a compact block. He has also placed on record the site plan. The Courts below have considered all the aspects of the case. The right of the respondents has not been disputed. The petitioners cannot refuse the relief granted by all the Courts below. The main argument of the learned counsel is that the respondent No.1 could not be granted final decree for partition of his entitlement from a specific Khasra number. This contention has no force. As stated above, in the circumstances of the case the final decree was properly passed. The facts have been analysed by the Courts below and there is no justification in law to re-open the matter on factual controversy.
No point of law is involved in this petition. This petition is dismissed and leave to appeal is refused.