2004 PLP 1585 (SCMR)
NUR MUHAMMAD — Petitioner Versus Mst. AISHA — Respondent
| Citation | 2004 PLP 1585 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Tanvir Ahmad Khan, JJ |
| Parties | NUR MUHAMMAD — Petitioner Versus Mst. AISHA — Respondent |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in 2004 PLP 1585 (SCMR)?
This judgment primarily cites: West Pakistan Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1585 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Tanvir Ahmad Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1585 (SCMR) (NUR MUHAMMAD — Petitioner Versus Mst. AISHA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Noor Muhammad Awan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 27th June, 2002.
Headnotes / Summary
(On appeal from the judgment, dated 6-7-1999 of the Lahore High Court, Lahore, passed in Civil Revision No. 1644-D of 1999).
S. 45
Specific Relief Act (I of 1877), S.42
Constitution of Pakistan (1973), Art. 185(3)
Concurrent finding of fact by the Courts below
Disputed mutation was alleged to be the result of fraud
All the Courts decided the matter in favour of the plaintiff
two Courts below, after scanning the evidence threadbare decreed the suit of plaintiff and High Court had maintained the same by giving cogent and sound reasons
Defendant failed to make out a case for interference by Supreme Court
Leave to appeal was refused.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the judgment, dated 6-7-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.1644-D of 1999 filed by the petitioner was dismissed. The facts succinctly narrated for the disposal of this petition are that respondent Mst. Aisha filed a declaratory suit taking exception to the mutation of sale bearing No.201, dated 5-12-1983 averring therein that she was owner in possession of the land in dispute and the said mutation had been fraudulently got recorded by petitioner, her brother in his name in a collusive manner without consideration. The petitioner/defendant contested the claim of the respondent, out of pleadings of the parties issues were framed, the parties led their evidence and the learned Civil Judge 1st Class, Bhalwal, through his judgment, dated 18-3-1989 decreed the suit. The petitioner filed an appeal challenging the aforesaid judgment of the trial Court, which was dismissed by the learned Additional District Judge, Bhalwal, vide his judgment, dated 21-6-1989. Civil Revision No.1644-D of 1999 preferred by the petitioner before the Lahore High Court also met the same fate and was dismissed by a learned Single Judge through his judgment, dated 6-7-1999, impugned herein. Hence, this petition for leave to appeal. We have considered the contentions advanced by the learned; counsel and have perused the entire documents appended with this petition with his assistance. The two Courts below after scanning the evidence threadbare decreed the suit of the respondent and the learned Single Judge of the Lahore High Court has maintained the same by giving cogent and sound reasons. Learned counsel has failed to make out a case for interference by this Court. The petition is, accordingly, dismissed and leave refused. M.H./M-111/S Petition dismissed.