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1991 SCMR 1885

THE PROVINCE OF THE PUNJAB, Through Secretary, Education Departments vs MUHAMMAD RAFIQUE

Petitioner: THE PROVINCE OF THE PUNJAB, Through Secretary, Education Departments VS Respondent: MUHAMMAD RAFIQUE

Court: Supreme Court of Pakistan Decision Date: 1988-08-29

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title:THE PROVINCE OF THE PUNJAB, Through Secretary, Education Departments

vs MUHAMMAD RAFIQUE Case No.: Civil Petition No.1202 of 1983 C.R. No.981 of 1983 Date of Judgment:1988-08-29 Reported As: 1991 SCMR 1885 Result: appeal refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal bas been sought against the dismissal by the High Court of the petitioner/defendant's Civil Revision, which had arisen out of a decree passed in respondent's favour for damages. His suit was based on assertion regarding damage done to his property which was with the petitioner for running a school. Learned counsel contended that there was not enough evidence on record to show that the building in question suffered any damage and accordingly the respondent was not entitled to recover any compensation as damages- After hearing him on this question of fact, we do not agree with him that it was a case of no evidence. The impugned judgment does disclose that there was enough evidence to pass the impugned decree in favour of the respondent. The learned counsel also half-heartedly raised the question of misreading of evidence. Besides being a contradictory plea if there was no evidence, there was no question of its misreading. We have not been able to discover, any misreading. Leave to appeal, therefore, is refused. Amounts/deposits in this Court with profits shall be paid to the decree-holder.

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