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GHULAM MUHAMMAD versus SARDAR MUHAMMAD


Article 7 (185) Appeal for leave to appeal

1986 S C M R 133

Present: Aslam Riaz Hussain, Actg. C. J., Nasim Hassan Shah and S.A. Nusrat, JJ

GHULAM MUHAMMAD‑‑Petitioner

versus

SARDAR MUHAMMAD‑‑Respondent

Civil Petition for Special Leave to Appeal Nos. 1238 of 1984 and 153 of 1985, decided on 8th October, 1980.

(Against judgment of Lahore High Court, Multan Bench Multan dated 3rd December, 1984, passed in Civil Revision Nos. 430 of 1981 and 431 of 1981).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Petition for leave to appeal‑‑No question of law of any importance raised in petition and petitioner wanting reappraisal of evidence on record‑‑Case not fit for grant of leave for reappraisal of order‑‑Petition dismissed.

A.K. Dogar, Advocate Supreme Court and M.A. Kadri, Advocate on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 8th October, 1985.

ORDER

ASLAM RIAZ HUSSAIN, ACTG. C.J.‑‑

‑This order will dispose of Civil Petition for Special Leave to Appeal No. 1238 of 1984 and Civil Petition for Special Leave to Appeal No. 153 of 1985, both filed by Ghulam Muhammad against the same respondent, (i.e. Sardar Muhammad) and directed against the same judgment dismissing his civil revisions.

2. The petitioner seeks leave to appeal against the afore‑mentioned judgment of the High Court, dated 3‑12‑1984.

3. We have heard the petitioner's counsel at some length and also gone through the impugned judgment.

The parties are disputing over 31 Marlas of land gifted to them by one Sain Ghulam Muhammad. Each of them have been awarded half of the said land by the High Court but none of them feels satisfied, as each of them wants to acquire the entire land gifted by the above‑said Sain Ghulam Muhammad.

4. No question of law of any importance has been raised and the petitioner only wants reappraisal of the evidence on the record. We, however, do not consider it a fit case for grant of leave for the said purpose. Both the petitions are, therefore, dismissed.

M. Y. H. Petitions dismissed.

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