1989 PLP 1771(1) (SCMR)
ABDUL WAHID and others‑‑Petitioners Versus KHAIL GUL and another Respondents
| Citation | 1989 PLP 1771(1) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah arid Usman Ali Shah, JJ |
| Parties | ABDUL WAHID and others‑‑Petitioners Versus KHAIL GUL and another Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 1771(1) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1771(1) (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah arid Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1771(1) (SCMR) (ABDUL WAHID and others‑‑Petitioners Versus KHAIL GUL and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jalaluddin Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 22nd May, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 12‑11‑1988, passed in C.R.No. 214/88). ‑‑‑Art. 185(3)‑‑Findings of fact‑‑Petitioners denied ownership of respondents and failed to prove an oral purchase of house‑‑Three Courts below had concurrently held the petitioners as tenants under the respondents‑‑Findings of fact did not call for interference‑‑Petition dismissed.
Judgment & Decree
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‑11 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 fur 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 A 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. M.A.K./A‑535/S Petition dismissed.