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MAHBOOB ELAHI versus IQBAL JAN


Article 2 (185 ()) points to the evidence raised by the courts in support of petitions relating to the definition of evidence and the finding of facts, with no evidence to justify an interference leave.

1986 S C M R 214

Present: Aslam Riaz Hussain, Abdul Kadir Shaikh and S. A. Nusrat, JJ

MAHBOOB ELAHI Petitioner

versus

Mst. IQBAL JAN‑‑Respondent

Civil Petition for Special Leave to Appeal No. 237‑R of 1985, decided on 19th October, 1985.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Points raised in Support of petition relating to appreciation of evidence and findings of facts reached by Courts below rooted in evidence with which no valid justification existing for interference‑‑Leave refused.

Malik Muhammad Jaffar, Advocate Supreme Court instructed Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

M. Munir Paracha, Advocate Supreme Court with K.E. Bhatti, Advocate‑on‑Record for Respondent.

Date of hearing: 19th October, 1985.

JUDGMENT

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Single Judge of Lahore High Court, Rawalpindi Bench, dated 5‑2‑1985 dismissing a revision application filed by petitioner. By that revision application, petitioner sought to challenge the judgment of Civil Judge, 11 Class, Attock decreeing respondents suit against petitioner for declaration of title and possession of a shop and for perpetual injunction against petitioner

The points raised in support of the petition relate to appreciation of evidence and since we find that the findings of facts reached by the Court below are rooted in evidence, there is no valid justification for this Court to interfere.

The petition is, therefore, dismissed.

M. Y. H. Leave refused.

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