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1995 SCMR 186

GHULAM HUSSAIN vs ALLAH BAKHSH and another

Citation1995 SCMR 186
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 325-L of 1993
Date1994-05-15
Judge(s)Manzoor Hussain Sial, Saad Saood Jan
ResultLeave refused

ORDER

' SAAD SAOOD JAN, Actg. C.J.---Allah Bakhsh, respondent No, 1, filed a suit seeking inter alia a declaration to the effect that he was owner in possession of about 6 Kanals and 2 Marlas of land situate in Village Bahadar Garh of Tehsil Dera Ghazi Khan and that his brother Muhammad Bakhsh and his nephews, Gulzar and Ghulam Hussain had no concern with the said piece of land. His case was that he and the aforesaid persons had jointly purchased 14 Kanals and 3 Marlas of land and that he supplied funds for the purchase of 6 Kanals and 2 Marlas. The suit-was resisted only by the petitioner who denied that respondent No, 1 had made any contribution towards the purchase of the said land.

2. After considering the evidence of the parties the learned trial Court decreed the suit of respondent- No,

1. The petitioner's appeal before the Additional District Judge and revision petition before the High Court failed. He now seeks leave to appeal from this Court.

3. The question whether respondent No, 1 had made any contribution when purchasing the property in dispute was one of fact. The concurrent findings of the Courts below on this question do not suffer from any infirmity. Leave to appeal is accordingly refused.

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