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1991 SCMR 1842

MUHAMMAD ANWAR And Others vs MUHAMMAD FAZIL And Other

Citation1991 SCMR 1842
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.275-R of 1989
Date1990-02-26
Judge(s)Muhammad Afzal Zullah, Rustam S. Sidhwa
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by the defendants' side (in a suit for declaration to the effect that the plaintiffs ace the owners in possession due to purchase of the suit property) against the dismissal by the High Court of their regular second appeal.

2. Petitioners' plea was that according to the Revenue Record they being the owners of the property even after the alleged purchase by the respondents, due effect was not given in the Jamabandi entries in that behalf. That being so according to their learned counsel, the mutation of sale relied upon from the respondents' side should not have been given any effect and it was liable to be ignored.

3. With the help of the learned counsel we examined the entries in the Revenue Records in some depth. In addition to the reasons which prevailed with the learned lower Courts for rendering concurrent findings of fact against the petitioners, which are unexceptionable, we feel that the entries like (as stated) "Bela legan" "Bewaja Bea" having remained on the record consistently for nearly 40 years, nothing was done from the petitioners' side to get them corrected. Their conduct gives further support to the findings of fact by the learned Courts below against the petitioners.

4. Accordingly after hearing the learned counsel we do not find any justification for interference, leave to appeal, therefore, is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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