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Petitioner: GHULAM HUSSAIN VS Respondent: ALLAH BAKHSH and another
Court Name: Supreme Court of Pakistan Judge(s): Manzoor Hussain Sial, Saad Saood Jan Title: GHULAM HUSSAIN vs ALLAH BAKHSH and another Case No.: Civil Petition for Leave to Appeal No, 325-L of 1993 Date of Judgment:1994-05-15 Reported As: 1995 SCMR 186 Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, Actg. C.J.---Allah Bakhsh, respondent No, 1, filed a suit seeking inter alia a declaration to the effect that he was owner in possession of about 6 Kanals and 2 Marlas of land situate in Village Bahadar Garh of Tehsil Dera Ghazi Khan and that his brother Muhammad Bakhsh and his nephews, Gulzar and Ghulam Hussain had no concern with the said piece of land. His case was that he and the aforesaid persons had jointly purchased 14 Kanals and 3 Marlas of land and that he supplied funds for the purchase of 6 Kanals and 2 Marlas. The suit-was resisted only by the petitioner who denied that respondent No, 1 had made any contribution towards the purchase of the said land. 2. After considering the evidence of the parties the learned trial Court decreed the suit of respondent- No, 1. The petitioner's appeal before the Additional District Judge and revision petition before the High Court failed. He now seeks leave to appeal from this Court. 3. The question whether respondent No, 1 had made any contribution when purchasing the property in dispute was one of fact. The concurrent findings of the Courts below on this question do not suffer from any infirmity. Leave to appeal is accordingly refused.