Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art.199---Constitutional Jurisdiction of High Court---Scope---Alternate statutory/legal remedies having been availed/exhausted by the petitioners---Effect--Reappraisal of evidence and factual controversy recorded and resolved by revisional court in writ jurisdiction---Scope---Last court to appraise and reappraise a factual controversy with the support of evidence recorded was the Revisional/Appellate Court---High Court was not the Appellate Court, which could exercise such jurisdiction---Revisional Court had since exercised the jurisdiction vested in it that included misreading and non-reading of evidence; it cannot be yet again re-appreciated by invoking the jurisdiction of High Court under Art.199 of Constitution for redetermination of facts---High Court under Art.199 of the Constitution cannot assume the jurisdiction which is otherwise not vested in it i.e. reappraisal of evidence recorded by the Revisional Court, which is last fact finding Court---High Court can only intervene where the jurisdiction has been exercised, which is not vested, and/or vested but not exercised---Constitution petition was dismissed accordingly.Date of hearing: 31st October, 2023.JUDGMENTMUHAMMAD SHAFI SIDDIQUI, J.---The petitioners have challenged the order of the revisional court on the count that the revisional court exceeds its jurisdiction when the evidence was reappraised and reconsidered.2.    Respondents Nos.1 to 5 filed a suit under Section-9 of the Specific Relief Act praying for permanent injunction and direction in relation to a property situated at Allahdad Colony, Ittehad Town, Baldia, Karachi. The suit was contested and the witnesses were examined and cross-examined. Two material issues were framed, that is (1) whether plaintiffs/Respondents Nos.1 to 5 were dispossessed by the defendants No.2 and 3 therein (who are petitioners here) on 23.11.1998, if so to what effect, and (2) what should the decree be. The evidence was recorded and the trial court dismissed the suit. Aggrieved of it, a Revision Application was filed by the Respondents, (maintainability of which was/is not opposed), which was allowed. Aggrieved of…