Pakistan Case Law
1988 SCMR 1954

SALIM Versus AMIR NAWAZ KHAN

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Citation1988 SCMR 1954
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.99โ€‘P, 100โ€‘P, 101โ€‘P and 102
Date1988-06-21
Judge(s)Muhammad Afzal Zullah and Abdul Kadir Shaikh
Authored byMuhammad Afzal Zullah
ResultLeave to appeal refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.โ€‘โ€‘ Leave to appeal has been sought in all these connected petitions by land tenants from the dismissal of their writ petitions against their ejectment as also recovery of rent from them.

2. Learned counsel vehemently contended that the question of compensation has not been correctly decided. It has been observed and held in the impugned judgment on the question of improvements and compensation as follows:โ€‘

3. "The finding that the Abadi constructed on the suit Khasra numbers is old one and that the defendants did not claim any improvement for it is evident from the certified copy of the written statement of the defendants which is available on this file. The defendants in their statements in Court also admitted that there are no fruit bearing trees standing in the suit land. Excepting the solitary statement of the defendants in their respective cases no independent evidence was led in support of their plea that they have made improvement in the suit land."

4. Learned counsel tried to assail the finding of fact on various arguments. We regret that these questions now stand concluded by such findings of fact which do not call for interference by this Court. Leave to appeal, therefore, is refused.

5. M.Y.H./Sโ€‘194/S Leave to appeal refused.

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