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1994 SCMR 369

LASSA SHEIKH and anothers vs MATEEN HAMEED

Citation1994 SCMR 369
CourtSupreme Court of Pakistan
Case No.C.R. No, 143-D of 1992 Civil Petition No, 84 of 1993 Civil Revision No, 142-D of
Judge(s)Fazal Ilahi Khan, Abdul Qadeer Chaudhry
ResultLeave refused

1. ' ABDUL QADEER CHAUDHRY, J. ---Leave to appeal has been sought against the judgment of the High Court dated 12-1-1993.

2. The facts of the case are that the plot in question was allotted to Shaukat Hussain in the year 1962 and transfer order was also issued in his favour on 23-5-1980. The respondent had purchased the said plot from Shaukat Hussain. The petitioner No,1 filed a suit in the Civil Court seeking declaration to the effect that the transfer of the aforesaid plot in favour of Shaukat Hussain was void and illegal. The case of the petitioner was that he being a refugee from Jammu and Kashmir and in possession of the plot was entitled to its transfer. The suit was dismissed by the trial Court.

2. The respondent had also filed a suit for possession of the plot. His suit was decreed. The petitioner challenged these decrees in appeal before the Additional District Judge but his appeals were dismissed. He unsuccessfully challenged the two orders before the High Court in Civil Revisions. It is an admitted fact that Shaukat Hussain was transferee of the plot in question. The respondent had purchased it for consideration. The form submitted by the petitioner No,1 for the transfer of this plot was rejected. He did not agitate against the order of rejection of his application.

3. The respondent has a valid title. The petitioner has failed to point out any infirmity in the impugned order.

4. 3.= No point of law of public importance requires decision by this Court. This petition has no force.

5. The same is dismissed and leave to appeal is refused.

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