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2004 SCMR 1521

Mst. HANIFA BIBI vs MUNAWAR AHMAD and others

Citation2004 SCMR 1521
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 2220-L of 1999
Date2003-01-28
Judge(s)Javaid Iqbal, Faqir Muhammad Khokhar
ResultPetition dismissed

ORDER

1. ' JAVED IQBAL,J.---The controversy revolves around the existence of a staircase/door between property bearing Nos. F-18/1 and F-18/II which used to be one unit which has been set at naught by the learned Single Judge in Chambers on 17-11-1999 vide .Judgment impugned, operative portion whereof is reproduced herein below for ready reference:- "The learned trial Judge had recorded the statements of the parties and 'decided the matter after spot inspection. He found that the door of stair-case did exist but the same was found closed. The closing of the door gave cause of action to the petitioner for filing the suit. It is also to be noticed that there was no other stair-case leading to the roof of the portion now belonging to the petitioners. The petitioners also have the right of easement. Half portion of roof of the stair-case admittedly is on the side of the petitioner, therefore, under law and equity, the petitioners are entitled to use the same stair-case which was originally meant for both the portions at the property. There is no mention in the sale-deed executed by the petitioner in favour of the respondents that they have also given up the right to use the stair-case.

2. 2.The conclusion arrived at by the learned Single Judge in Chambers being well based does not warrant any interference. It may not be out of place to mention here that question of fact qua the existence of door has been decided by the learned Judge after having inspected the site duly concurred by the High Court hardly needs any further probe by this Court. Neither the concurrent findings of fact could be dislodged nor any illegality or infirmity meriting interference could be pointed out.

3. ' The petition being devoid of merit is dismissed and leave refused.

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