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1986 SCMR 1961

NAEEM UR REHMAN And Others vs ABDUL AZIZ And Other

Petitioner: NAEEM UR REHMAN And Others VS Respondent: ABDUL AZIZ And Other

Court: Supreme Court of Pakistan Decision Date: 1985-12-31

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain Title: NAEEM UR REHMAN And Others vs ABDUL AZIZ And Other Case No.: Civil Petition for Special Leave to Appeal No. 891 of 1985 C.R. No. 1506 of 1985 Date of Judgment:- Reported As: 1986 SCMR 1961 Result: Petition dismissed

Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 27-7- 1985 of the Lahore High Court, whereby petitioner's Civil Revision arising out of respondents' suit for possession of a house, was dismissed. According to the facts given by the learned counsel the respondent-side claiming to be the owner of the house in dispute sought ejectment of the petitioners there from through an application made before the Rent Controller. The petitioners raised the plea of lack of relationship of landlord and tenant whereupon the respondent withdrew the application and filed a suit for possession based on title. The petitioners pleaded denial of ownership as also their adverse possession. Nevertheless the suit was decreed. The petitioners' appeal and revision having failed, they have now sought leave to appeal. Learned counsel tried to show that the evidence led before the learned trial Court has not been properly considered by the Courts below. He has relied upon the same material which was noticed by the High Court and was not considered enough to come to a conclusion either that the petitioners have title in the house in dispute or that the title has matured in their favour on account of adverse possession. All the three Courts having considered the material relied upon by the petitioners have rendered concurrent findings of fact against them. No justification has been made out for interference by this Court in the findings of fact. No law point has been urged. This petition fails and it is accordingly dismissed.

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