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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN SHAH VS Respondent: RASHID BIBI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD HUSSAIN SHAH vs RASHID BIBI and others Case No.: Civil Petition for Leave to Appeal No,33 of 1985 Date of Judgment:1989-02-26 Reported As: 1989 SCMR 1454 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant, against the dismissal of his Civil Revision by the High Court. It had arisen out of a suit for possession. The suit of the respondents' side was decreed. The petitioner's appeal and Civil Revision were dismissed. ' Questions of finding of fact were raised before the High Court but after having examined the same, the findings of fact by the learned lower Courts were affirmed. Learned counsel has, however, contended that the learned trial Court committed error in not framing certain issues; that the Province of Punjab was a necessary party, that the provisions of the Colonization of Government Lands Act were applicable, accordingly Civil Court had no jurisdiction; and lastly, that the High Court has misread the documentary evidence. None of the aforenoted arguments were raised before the High Court. Be that as it may the petitioner has no case on merits. We, accordingly, do not consider it a fit case for grant of leave to appeal. The same, therefore, is refused. .