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Civil Petition for Special Leave to Appeal No. 402 of 1973, decided on 16th November 1973.
(On appeal from the judgment and order of the High Court, Lahore, dated 23‑10‑1973, in S. A. O. No. 227 of 1973).
Civil Procedure Code (V of 1908)‑
---‑‑Ss. 100 & 101‑Second appeal‑Finding of trial Court and first appellate Court concurrent on question of fact‑No second appeal lay to High Court in circumstances.
Wall Muhammad and others v. Muhammad Bakhsh and others I L R 11 Lah. 199 and Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38 ref.
Ch. Khalilur Rehman, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 16th November 1973.
MUHAMMAD YAQUB ALI, J.‑
The second appeal filed by the petitioner in the High Court from the judgment and order passed by the first appellate Court was concluded by finding of facts namely ; that the respondents landlords honestly required the demised premises for purposes of demolition and reconstruction. In view of this finding no second appeal lay to the High Court under sections 1C0 and 101 of the Code of Civil Procedure. See Wali Muhammad and others v. Muhammad Bakhsh and others (I L R 11 Lab. 199), Abdul Majid and others v. Khalil Ahmad (P L D 1955 F C 38).
2. Both the petitions for leave to appeal are accordingly dismissed.
Petitions dismissed.
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