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Petitioner: MUHAMMAD KHAN and 2 others VS Respondent: MUHAMMAD and 6 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: MUHAMMAD KHAN and 2 others vs MUHAMMAD and 6 others Case No.: Civil Petition for Leave to Appeal No, 1135 of 1984 Date of Judgment:1988-11-28 Reported As: 1989 SCMR 1714 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This leave to appeal petition is directed against the dismissal, by the High Court, of petitioners' Writ Petition. 2. It had arisen out of the modification, by a learned Member, Board of Revenue, of an order passed by an Additional Commissioner. The case has arise out of a consolidation matter. 3. After hearing the learned counsel, with regard to the grievance made before the High Court, we asked him; whether, the order passed by the learned Member, Board of Revenue in this case is without jurisdiction, or in any way illegal. He answered in the negative. However, he further submitted that the learned Member, Board of Revenue has ignored the principles of Consolidation of Holdings by taking away the property which was in possession of the petitioners. This very question, which undoubtedly relates to the facts and merits of the case, having been raised before the High Court, was adequately and properly dealt with. No justification has been made out for this Court to interfere with the findings of fact. 4. Leave to appeal, therefore, is refused.