1988 SCMR 511

MUHAMMAD ZAFAR Versus HAFIZA KHANUM

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Citation1988 SCMR 511

CourtSupreme Court of Pakistan

Case No.Civil Petition No.1024 of 1980

Date1987-12-06

Judge(s)Aslam Riaz Hussain and Saad Saood Jan

Authored bySaad Saood Jan

ResultPetition dismissed

1. SAAD SAOOD JAN, J.- -The dispute between the parties in this petition for special leave to appeal relates to a part of a composite property which had two shops on the ground-floor and a residential portion on first floor. The residential portion has been in the occupation of two families since 1947. The petitioners belong to one family and respondents Nos.1 to 7 to the other. There are separate stair-cases for each portion. The petitioners are non-claimants while respondents Nos. l to 7 are local. By the order impugned in this petition the High Court has directed that the portion in the occupation of respondents Nos. l to 7 be transferred to them. After going through the record we find that the order of the High Court is eminently fair and just. In the circumstances, we decline to grant leave to appeal to the petitioners. The petition is dismissed.

2. M.I. /M-302/S Petition dismissed.