Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BI LA L KHAN VS Respondent: MUNAWAR KHAN and another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Aslam Riaz Hussain Title: BI LA L KHAN vs MUNAWAR KHAN and another Case No.:Civil Petition for Special Leave to Appeal No,211-P of 1983 Civil Revision No,
245/82 Date of Judgment:1983-10-28 Reported As: 1984 SCMR 1249 Result: Petition dismissed Judgment ORDER ' ASLAM RIAZ HUSSAIN, J.-- Bilal Khan petitioner seeks leave to appeal against the judgment of learned Single Judge of the Peshawar High Court, dated 9-4-1983, dismissing his civil revision in relation to a suit filed by Munawar Khan respondent in his representative capacity on behalf of the Village Proprietary Body, challenging the sale of a vacant plot of land sold by one Muhammad Saleem to Bilal Khan (petitioner herein). 2. The main contention in the suit was that the land in question was part of the village Shamlat but neither Muhammad Saleem vendor, nor Bilal Khan vendee, were co-owners in the said Shamlat. Munawar Khan respondent/plaintiff sought a declaration that the sale in question was void with respect to the interests of the village Proprietary Body. Nine issues were framed and after recording the evidence, the learned trial Judge dismissed the suit with costs on 13-2-1982. Munawar Khan, respondent/plaintiff filed an appeal before the Additional District Judge, Kohat, who reversed the decision of the trial Court and decreed the suit in his favour. Feeling aggrieved Bilal Khan, vendee/defendant (petitioner) filed a civil revision in the High Court challenging the judgment of the learned Additional District Judge, Kohat. The High Court after discussing the evidence on the record upheld the finding of the Additional District Judge that the suit land was part of the village Shamlat and since neither vendor nor the vendee was owner in the Proprietary Body of the said village, as such the sale of the plot in dispute by Muhammad Saleem to Bilal Khan (petitioner) was void and ineffective qua the interests of the Village Proprietary Body. ' It is against this decision that Bilal Khan has filed the present petition for leave to appeal.
---
## Page 2
3. We heard the petitioner's counsel at length but find that he has not been able to raise any substantial question of law requiring determination by this Court nor has he been able to point out any flaw in the impugned judgment. We therefore do not think it a fit case for interference with the same. The petition is, therefore, dismissed.