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Civil Petition for Special Leave to Appeal No. 949 of 1984, decided on 24th April, 1985.

(On appeal from the judgment, dated 4‑7‑1984. of the Lahore High Court in C. R. No. 1095‑D of 1984).

‑‑‑Art. 185(3)‑‑Leave to appeal‑‑Grant of‑‑No good ground having been shown for interference with finding of fact recorded concurrently by all Courts below and plea regarding maintainability of respondent's suit having been rightly held to be without substance, petition for leave to appeal dismissed.

Q.M. Saleem, Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Petitioners.

Nemo for Respondent:

Date of hearing: 24th April, 1985.

This petition for leave to appeal is directed against the order of a learned Single Judge of the Lahore High Court, dated 4‑7‑1984 whereby he dismissed the revision petition filed by the petitioner directed against the order of the Additional District Judge, Sargodha, who had affirmed a decree passed by the Civil Judge, Sargodha, whereby the possession of certain Kothas which were in occupation of the petitioners was ordered to be delivered to the respondent, on the finding that he was the owner of the land over which the said Kothas were constructed and was, therefore, entitled to their possession.

2. The Courts below have held that the respondent had succeeded in satisfactorily establishing that he was the owner of the land over which the Kothas, presently in occupation of the petitioners, were constructed. This finding of fact has been maintained by all the learned Courts below and no good ground has been shown for interfering with this finding of fact recorded concurrently by all the learned Courts. The other pleas raised regarding the maintainability of the respondent's suit etc. were also rightly found to be without substance.

3. The upshot is that petition fails and is dismissed hereby.

M. I. Petition dismissed

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