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1994 SCMR 1130

GOVERNMENT OF N.W.FP. through Secretary, Food Department, Peshawar

Citation1994 SCMR 1130
CourtSupreme Court of Pakistan
Judge(s)Saeeduzzaman Siddiqui, Abdul Qadeer Chaudhry
ResultLeave refused

' ABDUL QADEER CHAUDHRY, J.---This petition is directed against the judgment of the High Court dated 26-5-1992 seeking leave to appeal.

2. The facts of the case are that the respondents brought a suit for recovery of damages in the sum of Rs,4,83,600 against the petitioners on the allegation that the bungalow which was on rent with the petitioners, had been totally burnt. The petitioners had not looked after the bungalow properly and for the negligent act of the petitioners, the bungalow caught fire, therefore, the petitioners are liable to pay the amount of damages. The suit was resisted by the petitioners. The learned trial Judge granted a decree for Rs,1,92,000 against the petitioners. The petitioners' appeal was dismissed by the High Court by means of impugned judgment. The petitioners were tenants in the bungalow in question and an order of eviction was passed by the Rent Controller and that order was maintained by the Appellate Court. The petitioners did not hand over the possession to the respondents. They had to file execution proceedings on 15-4-1978 and according to the report of the Bailiff the bungalow was damaged and the building was burnt due to the negligence of the petitioners. D.W.1 appeared on behalf of the petitioners and admitted that the building caught fire but it was not known as to who had set the building on fire. The two Courts have appraised the evidence in true perspective. Re-appraisal of evidence is not called for on any ground.

3. No point of law is involved in this petition. The same is dismissed and leave to appeal is refused.

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