Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ATA HUSSAIN VS Respondent: RIAZ HUSSAIN And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: ATA HUSSAIN vs RIAZ HUSSAIN And Other Case No.: Civil Petition for Special Leave to Appeal No. 616 of 1986 R.S.A. No. 50 of 1977 Date of Judgment:1987-03-02 Reported As: 1987 SCMR 815 Result: Petition dismissed
JUDGMENT
JUDGMENT SAAD SAOOD JAN, J.-- This petition for special leave to appeal arises out of a suit for partition of a shop brought by the respondents. By its judgment dated 20-6-1974 the trial Court passed a preliminary decree determining the share of the respondents as 134/176 and that of the petitioner as 42/176. It also appointed a Local Commissioner to visit the spot and report inter alia whether the shop was partible or not. The petitioner filed an appeal against the preliminary decree before the Additional District Judge but without any success. He then filed a second appeal in the High Court which too was dismissed. He now seeks leave to appeal from this Court. 2. The only question that has been decided in the preliminary decree relates to the extent of shares of the parties in the shop. The finding with regard to shares is based upon the admission of the petitioner himself in the previous litigation. That being so, this is not a fit case for interference by this Court. Dismissed.