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Initializing Secure Chambers
Petitioner: ALLAH RAKHA VS Respondent: MUHAMMAD SHARIF and others
Court Name: Supreme Court of Pakistan Judge(s):Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Muhammad
Nawaz Abbasi Title: ALLAH RAKHA vs MUHAMMAD SHARIF and others Case No.: Civil Petition No,99-L of 2000 Date of Judgment:2002-07-14 Reported As: 2003 SCMR 1847 Result: Petition dismissed Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.---The submission now being made before us, in support of this petition, is that the possessory rights of the petitioner had to be presumed after the sale of the land in question had been affected and therefore, he could not have been dispossessed of the suit- land. 2. The learned counsel for the petitioner has been confronted with the pleadings. This question was never raised either at the trial or even at the appellate level. In this view of the matter, the petitioner could not be permitted to agitate this issue at this belated stage. This was the only question urged before us by the learned counsel for the petitioner. It may, however, be added that on the factual plain, there is a concurrent finding against the petitioner which findings were maintained even by the Honourable High Court. 3. In this view of the matter, we find no merit in this petition which is accordingly dismissed. Leave refused.