Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Concurrent findings of facts recorded by two courts of fact---Interference by High Court---Scope---Principles. In the present case, evidence of the respondent side was only considered and was made the basis of setting aside the concurrent findings of facts recorded by the two courts of fact; whereas the evidence of the appellant was not adverted to at all, touched upon or taken into account, such is a serious illegality committed by the High Court because interference in the findings of facts concurrently arrived at by the courts, should not be lightly made, merely for the reasons that another conclusion shall be possibly drawn, on-the reappraisal of the evidence; rather interference is restricted to the ease of misreading and non-reading of material evidence which has bearing on the fate of the case. In order to determine the above vice, the High Court is required in law to consider the evidence led by either side; but in the present case, the court has not bothered to take into account such evidence which had prevailed with the two courts of fact while giving decision in favour of the appellant, this by itself is a case where the High Court has committed the grave error of non-reading the evidence, therefore, the impugned was untenable. Impugned was set aside by the Supreme Court and the matter was remanded to the High Court with the direction that the case be deiced afresh by keeping in view material evidence led by both the sides and also adhering to the rules about the interference in the concurrent findings of the fact recorded by the two courts. Gulzarin Kiani, Advocate Supreme Court for Appellant. Abdur Rasheed Awan, Advocate Supreme Court for Respondent No. 1. Date of hearing: 22nd March, 2011. JUDGMENT MIAN SAQIB NISAR, J.---The appellant filed a suit against her husband Muhammad Naeem and Muhammad Ashraf her father-in-law claiming that the latter has given to her two properties i.e. land measuring one kanal and 4-1/2 marlas shop, in lieu of her dower at the time of Nikah; her husband in a way conceded her claim, but it was contested by the father-in-law, on the plea that the…

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