1989 PLP 1146 (SCMR)
SPARAS KHAN‑‑Petitioner Versus MANZOOR HAIDER SHAH and others‑‑Respondents
| Citation | 1989 PLP 1146 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ |
| Parties | SPARAS KHAN‑‑Petitioner Versus MANZOOR HAIDER SHAH and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 1146 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1146 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1146 (SCMR) (SPARAS KHAN‑‑Petitioner Versus MANZOOR HAIDER SHAH and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 9th April, 1989.
Headnotes / Summary
(From the order of the Lahore High Court, Rawalpindi Bench, dated 9‑1‑1988, passed in Civil Revision No.80‑D of 1987). Constitution of Pakistan (1973)‑‑ ‑‑Art. 185(3)‑‑Suit by petitioner claiming to be the owner of the land by purchase‑‑All the Courts below had concurrently non‑suited the petitioner by holding that in fact the land was mortgaged with him and no evidence had been brought forth to show that same was sold to him‑‑No misreading of evidence was pointed out in the case‑‑Petition for leave to appeal against such findings was dismissed.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This petition arises from the order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 9‑1‑1988, whereby the revision petition filed by the petitioner was dismissed.
2. The respondents are owners of certain lands situate in village Morate, Tehsil Talagang, District Chakwal. They are alleged to have mortgaged land bearing Khasra No.451 for a sum of Rs.1,800 vide Mutation No.1385 and land bearing Khasra Nos.465 and 462 for Rs.800 vide Mutation No.1379 in favour of the petitioner. The respondents agreed to sell land measuring 51 Kanals 8 Marlas for a sum of Rs.10,
000. They are, however, alleged to have committed a fraud and reported to the Patwari that they have mortgaged land measuring 51 Kanals 8 Marlas in favour of the petitioner for Rs.10,000 and a Mutation No.1437 was entered on 18‑2‑1968 in the absence of the petitioner. It was subsequently attested on 21‑2‑1968. The petitioner then filed a suit claiming to be the owner of the land in question by purchase. 1t was a contested suit and the learned trial Court after recording the evidence dismissed the suit on 16‑7‑1984 and the appeal and revision of the petitioner were also dismissed by the Additional District Judge, Chakwal, on 20‑9‑1986 and the High Court on 9‑1‑1988.
3. We have heard the learned counsel for the petitioner and have, gone through the judgments of the Courts below. All the Courts have concurrently I non‑suited the petitioner by holding that in fact the land was mortgaged with the petitioner and no evidence has been brought forth that the same was sold to the petitioner. The learned counsel for the petitioner could not pinpoint any misreading of evidence in this case. We, therefore, do not find any merit in this petition and dismiss the same. M.BA./S‑268/S Petition dismissed.