1987 PLP 815 (SCMR)
ATA HUSSAIN‑‑Petitioner Versus RIAZ HUSSAIN and others Respondents
| Citation | 1987 PLP 815 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | ATA HUSSAIN‑‑Petitioner Versus RIAZ HUSSAIN and others Respondents |
| Primary Law | JUDGMENT, Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 815 (SCMR)?
This judgment primarily cites: JUDGMENT, Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 815 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 815 (SCMR) (ATA HUSSAIN‑‑Petitioner Versus RIAZ HUSSAIN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sajjad Raza Jaferi, Advocate Supreme Court instructed by Syed Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd March, 1987.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 5‑4‑1986 in R.S.A. No. 50 of 1977) ‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), S. 100‑‑Suit for partition‑‑Preliminary decree determining shares of parties challenged‑ Finding with regard to shares being based upon admission of petitioner himself in previous litigation, upheld in second appeal‑‑Supreme Court declined to interfere and refused leave to appeal.
Judgment & Decree
‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), S. 100‑‑Suit for partition‑‑Preliminary decree determining shares of parties challenged‑ Finding with regard to shares being based upon admission of petitioner himself in previous litigation, upheld in second appeal‑‑Supreme Court declined to interfere and refused leave to appeal. Syed Sajjad Raza Jaferi, Advocate Supreme Court instructed by Syed Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd March, 1987. SAAD SAOOD JAN, J.‑‑ This petition for special leave to appeal arises out of a suit for partition of a shop brought by the respondents. By its judgment dated 20‑6‑1974 the trial Court passed a preliminary decree determining the share of the respondents as 134/176 and that of the petitioner as 42/176. It also appointed a Local Commissioner to visit the spot and report inter alia whether the shop was partible or not. The petitioner filed an appeal against the preliminary decree before the Additional District Judge but without any success. He then filed a second appeal in the High Court which too was dismissed. He now seeks leave to appeal from this Court.
2. The only question that has been decided in the preliminary decree relates to the extent of shares of the parties in the shop. The finding with regard to shares is based upon the admission of the petitioner himself in the previous litigation. That being so, this is not a fit case for interference by this Court. Dismissed. M. I./A‑20/S. Petition dismissed.