Pakistan Case Law
1988 SCMR 1401

ATTA MUHAMMAD Versus DISTRICT JUDGE, BHAKKAR

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Citation1988 SCMR 1401
CourtSupreme Court of Pakistan
Case No.Civil Petition No.134 of 1985
Date1988-05-28
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by a tenant in , a rent restriction matter against the dismissal of his writ petition by the High Court.

2. The controversy raised by the learned counsel relates to the genuineness or otherwise of the rent note found to have been executed by the petitioner.

3. The learned counsel contended that the disputed document seen and compared by the Court with the admitted signatures on the Power of Attorney was not the original one and that it was a copy.

4. He has drawn our attention to page 36 of the paper book (in some paper books it is page 34). It is marked as Exh.A‑1 (Annex.A). Even the examination of this document which is a photo‑copy does not show that the original was not before the Court when the comparison took place. Nothing has been pointed out by the learned counsel from record to show that in case when only a copy of the disputed document was being compared by the Court why the petitioner's side did not raise this objection.

5. After hearing the learned counsel, we do not find any justification for interference with the findings of fact reached by the learned Courts below. This petition accordingly fails and is dismissed.

6. M . B. A. /A‑248/S Petition dismissed

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