GHULAM FARID AND 21 Others GHULAM FARID AND 21 Others vs GAHROO AND — 1972 SCMR 374

Citation: 1972 SCMR 374

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: GHULAM FARID AND 21 Others GHULAM FARID AND 21 Others vs GAHROO AND JUDGMENT

Headnotes

Case cited as 1972 SCMR 374

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title:GHULAM FARID AND 21 Others GHULAM FARID AND 21 Others vs GAHROO AND JUDGMENT Reported As: 1972 SCMR 374 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-The petitioners had filed three different suits having common questions of fact and law involved in them and they were disposed of by the trial Court under one judgment. The present petitions arise out of certain orders passed in Second Appeal. The petitioners claimed title to the property in dispute on the basis of prescription and they accord--ing filed a suit for a declaration that the mutation in favour of the contesting defendants was illegal. The petitioners' application for a certificate to file Letters Patent Appeal was dismissed. The learned Single Judge refused to permit the petitioners either to withdraw the suit or to lead additional evidence. Mr. Pervaiz Akhtar, learned counsel appearing on behalf of the petitioners, has frankly stated that he does not dispute the findings of the Courts below on the question of adverse possession. It is, therefore, evident that the only ground on which the petitioners filed the suit failed. Mr. Pervaiz Akhtar has, however, contended that the petitioners should have been permitted to put in additional evidence and that their application for that purpose was illegally rejected by the First Appellate Court. He has argued that although this point was raised before the High Court,…

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