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Petitioner: FATEH MUHAMMAD and another VS Respondent: FAZAL KARIM and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: FATEH MUHAMMAD and another vs FAZAL KARIM and another Case No.: Civil Petition No,501 of 1981 Date of Judgment:1988-07-13 Reported As: 1989 SCMR 795 Result: Leave to appeal refused
Judgment ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs' side in a civil suit regarding a Benami purchase, against the dismissal of their Civil Revision by the High Court. ' The two petitioners are real brothers of respondent No,1. They claimed in the suit that all three of them jointly purchased the suit property from respondent No,2 by contributing equal shares of price but the name of respondent No,1 only was entered as vendee - Benamidar. ' The learned trial Court decreed petitioners' suit. However, the learned first appellate Court reversed the findings of fact and set aside the judgment and decree. The petitioners then filed the Civil Revision in the High Court which having been dismissed, they have sought leave to appeal. ' Learned counsel raised contentions with regard to the findings of fact reached by the two higher Courts. After hearing him, we have not been able to find any infirmity in the impugned findings; nor, the learned counsel has been able to explain satisfactorily as to why the purchase was made only in the name of one brother (respondent No,1) if it had been made by all the three brothers. Leave to appeal accordingly is refused.