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Writ Petition No. 705‑R of 1976, decided on 10th February, 1977.
‑‑S. 10‑Constitution of Pakistan (1973), Art. 199‑Finding of fact neither basing on misreading of evidence nor perverse‑petitioner submission of Form not supported from any document‑‑Petition dismissed in circumstances of case.
Sh. Abdur Rashid for Petitioner.
Khalil‑ur‑Rehman Khan for Respondents.
Date of hearing : 9th February, 1977.
The impugned order, dated 19th May, 1975 in this Constitutional petition had been passed in pursuance of the order, dated 5th December, 1973, passed in Writ Petition No. 772‑R of 1972 by Mr. Justice A. R, Sheikh (as he then was).
2. The claim of the petitioner with regard to property in dispute has been turned down on the ground that she had not filed any form for the transfer of House No. P/218, measuring about two‑marlas.
3. Learned counsel for the petitioner tried his level best to assail this finding of fact but he has not been able to convince me that the aforesaid finding was either perverse or based on misreading o evidence.
In his effort to establish that the petitioner had submitted the requisite form, learned counsel drew my attention to Annexure C' copy of a record attested by an Oath Commissioner, Lyalipur. He produced the original, but the number given on the original receipt was 1818' instead '218'. When this was pointed out to the learned counsel, he submitted that appears to be "an error of pen".
4. After considering the submission made by the learned counsel for the petitioner, 1 think there is no merit in this petition. The matte stands concluded by a finding of fact, The petition is accordingly dis missed with no order as to cots.
M. A, K. Petition dismissed.
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