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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM DASTGIR and 3 others VS Respondent: JAMAL DIN and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: GHULAM DASTGIR and 3 others vs JAMAL DIN and 3 others Case No.: Civil Petition for Leave to Appeal No, 1081 of 1984 Date of Judgment:1988-11-27 Reported As: 1989 SCMR 1766 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a suit for declaration; against the acceptance by the High Court of respondent's Civil Revision. 2. The respondents had challenged the alienation by their predecessor-in- interest--named Naiki in petitioners favour as fake and forged. The trial Court decreed the suit, inter alia, on the finding that Naiki had died during the disturbances at the time of partition many years before the execution of the disputed transfer deed. Petitioners' appeal succeeded but on respondents' civil revision, the trial Court decree was restored. We have heard learned counsel for both the sides, the controversy with regard to the genuineness of alienation stands concluded by findings of fact. The technical objection notwithstanding, in our view, the impugned findings of fact are unexceptionable. Leave to appeal, therefore, is refused as it is not a fit case in that behalf.