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Initializing Secure Chambers
Petitioner: ABDUL LATIF and 4 others VS Respondent: MUHAMMAD KHAN and 15 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: ABDUL LATIF and 4 others vs MUHAMMAD KHAN and 15 others Case No.: Civil Petition for Leave to Appeal No,786 of 1986 Date of Judgment:1989-08-26 Reported As: 1990 SCMR 909 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendants side in a suit for declaration arising out of a dispute relating to Waqf Property; against the dismissal of their Regular Second Appeal. ' As stated by the learned counsel the disputed house, according to respondents/plaintiffs side, is a part of the Waqf Property--a mosque while according to petitioners the house is in private ownership. Learned Courts below have rendered concurrent findings of fact in favour of the plaintiffs/respondents side on the above controversy. That being so, it is no more a fit case for further examination in so far as the facts and merits are concerned; as when asked to show any error of law or principle regarding the findings, the learned counsel instead of doing so raised technical objections. They, in the circumstances of this case are not such so as to grant leave to appeal to the petitioners side who have no case on merits. The same, accordingly, is refused.