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Civil Petition No. 717 of 1977, decided on 27th May, 1984.
(On appeal from the judgment, dated 2‑10‑1977 of the Lahore High Court in R . S . A . No. 933 of 1965) .
‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), S.115‑‑High Court found justified in interfering with judgments and decrees passed by Courts below‑‑No ground for interference made out‑‑Leave to appeal refused.
Hasan Ahmad Kanwar, Advocate Supreme Court and Inayat Hussain, Advocate‑on‑Record for Petitioners.
Sh. Abdul Manan, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Respondents Nos. 1 and 2.
Date of hearing: 27th May, 1984.
J.‑‑ This petition is directed against the judgment of a learned Single Judge of the Lahore High Court, whereby he accepted the second appeal filed by the respondents herein and set aside the judgment and decree passed by the learned trial Court, which was affirmed, on appeal, by the learned District Judge, Mianwali. In reversing the judgments passed by the two Courts below, the learned Judge in the High Court relied upon this Court's judgment in the case of Mst. Rehmat Bibi v. Nathe Khan and others P L D 1968 S C 197 .
After hearing the learned counsel for the petitioners at some length we find that the learned Judge in the High Court was justified in interfering with the judgments and decrees passed by the Courts below and that this Court's judgment in the case of Mst. Rehmat Bibi was rightly relied upon. No ground for interference, therefore, is made out. This petition, accordingly, must fail and is dismissed hereby.
S.Q. Petition dismissed.
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