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Petitioner: GHULAM GHAUS VS Respondent: GHAZANFAR ALI
1988 S C M R 1983
1988 S C M R 1983
Present: Muhammad Afzal Zullah and Javid Iqbal, JJ
GHULAM GHAUS and others‑‑Petitioners versus
GHAZANFAR ALI and others‑‑Respondents
Civil Petition No.209 of 1982, decide on 31st July, 1988.
(On appeal from the judgment and order, dated 22nd November, 1981 of the Lahore High Court, Lahore, passed in Civil Revision No.1253/D of 1981).
Constitution of Pakistan (1973)‑‑
Art.185 (3)‑‑Civil Procedure Code (V, of 1908), S.115‑-Leave to appeal, grant of‑‑Concurrent findings of fact‑‑Interference with‑‑Suit for declar.3tion decreed‑‑ Decision upheld in revisional jurisdiction, impugned‑‑‑‑No justification found for interference with concurrent findings of fact which did not suffer from any infirmity‑‑Leave to appeal refused.
Ch. Inayat Ullah, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 31st July, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J. ‑‑The petitioners /defendants have sought leave to appeal against the dismissal of their civil revision, which had arisen out of a decree in a suit for declaration passed in favour of respondents' side. . The claim of the contesting respondents that the property in dispute was in fact gifted to them has been upheld by all the three Courts below.
The learned counsel has new argued that the petitioners' plea of denial that no such gift was ever made, should have been accepted.
After hearing him, we do not find any justification to interfere with the concurrent findings of fact by all the Courts below. They do not suffer from any infirmity. Leave to appeal, therefore, ifs refused.
M.I./G‑133/S Petition dismissed.