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Petitioner: ABDUL WAHID and others VS Respondent: KHAIL GUL and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: ABDUL WAHID and others vs KHAIL GUL and another Case No.: Civil Petition for Leave to Appeal No, 59-P of 1989 Date of Judgment:1989-05-22 Reported As: 1989 SCMR 1771(1) Result: Petition dismissed
Judgment ORDER ' USMAN ALI SHAH, J.--The petitioners seek leave to appeal against the judgment of the Peshawar High Court, Peshawar dated 12-11-1988, passed in C.R.No, 214/88, arising out of an ejectment suit decreed in favour of the plaintiffs/respondents by the Civil Judge-II Mardan vide order dated 1-12- 1986. Appeal of the defendant/petitioner before the District Judge, Mardan and subsequent civil revision before the Peshawar High Court were dismissed on 7-2-1988 and 12-11-1988 respectively. ' This was a simple suit for ejectment of a house situated in rural area of village Pirsado, Tehsil and District Mardan. Admittedly the petitioners occupied the house as a tenant and constructed the house over the site comprised in khasra No, 1202/2/2 belonging to the respondents. The petitioners tried to prove an oral purchase and denying the ownership of the respondents but there is no finding to be found in their favour and as such the three Courts below have concurrently held them as tenants under the respondents on payment of khakrim. This being essentially a finding of fact and need no interference by this Court. The petition has no merit and is therefore, dismissed.