1987 SCMR 691

MUHAMMAD IBRAHIM Versus MUHAMMAD ISHAQ

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Citation1987 SCMR 691

CourtSupreme Court of Pakistan

Case No.Civil Petition for Leave to Appeal No. 1131 of 1981

Date1987-01-19

Judge(s)Muhammad Afzal Zullah and Javid Iqbal

Authored byJavid Iqbal

ResultLeave to appeal refused

ORDER

1. JAVID IQBAL , J .‑‑Leave to appeal is being sought against the order passed by a Division Bench of the Lahore High Court Lahore dated 4th October, 1981 in Inter Court Appeal No. 628 of 1980.

2. There is a finding of fact to the effect that the portion claimed by the petitioner of the disputed property namely No. A/72 Rawalpindi was earlier transferred in favour of the respondent on C.S. Form. The property in question could not be transferred to the present petitioner as plot on his LH Form. He had not applied for its transfer under Settlement Scheme No. VI. Similarly, the Settlement authorities could not transfer the said property in his favour under Settlement Scheme No. VIII because it was not available any more due to its transfer earlier in favour of the respondent. This finding of fact could not be challenged in I . C . A . and consequently the appeal of the petitioner was rightly dismissed.

3. We have heard the learned counsel for the petitioner and in the face of the aforesaid finding of fact no case is made out for interference. Therefore, the leave is refused.

4. S.Q./M‑31/S Leave to appeal refused.