ALI alias ABDUL AZIZ and another vs GHULAM MUHAMMAD and others — 1999 SCMR 922

Citation: 1999 SCMR 922

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-01

Parties: ALI alias ABDUL AZIZ and another vs GHULAM MUHAMMAD and others

Headnotes

Case cited as 1999 SCMR 922

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: ALI alias ABDUL AZIZ and another vs GHULAM MUHAMMAD and others Case No.: C.R. No,1408/1986 Civil Petition for Leave to Appeal No,1355-L of 1997 Date of Judgment:1970-01-01 Reported As: 1999 SCMR 922 Result: Petition dismissed JUDGMENT JUDGMENT ' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 30-6-1997 passed by Lahore High Court, Lahore in Civil Revision No,1408 of 1986. 2. The brief facts are that the petitioners filed a suit for declaration with consequential relief contending therein that Fazal Din deceased was owner of the suit land. Ghulam Muhammad respondent No,1 herein being son of Fazal Din also filed a suit against his father and obtained a consent decree on 4-4-1970 on the basis whereof Mutation No,106 was sanctioned in his favour. The petitioners challenged the decree and mutation contending that they were also son and daughter of the deceased Fazal Din. Fazal Din being an old man, respondent. No,2 got a decree without his free consent with a view to deprive the petitioners of their due share. The trial Court decreed the suit on 16-4-1985. Appeal against consent decree was allowed by the learned Additional District Judge, Sheikhupura on 28-5-1985. The petitioners assailed the aforesaid judgment and decree in revision before the High Court which was dismissed on merits as well as on the ground of having been filed after expiry of 90 days without reasonable…

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