Law: Constitution of Pakistan, 1973

Section: 185(3)

Summary

This legal dispute involves Muhammad Nawaz (deceased) through his legal heirs challenging possession of land through a suit of pre-emption against Ghulam Shabbir (deceased) through his legal heirs. The case has undergone multiple remands and appeals over decades without a final outcome. The Lahore High Court finally remanded the matter to the appellate court for fresh decision in light of factual deficiencies concerning the authenticity of thumb impressions on documents. The Supreme Court declined leave to appeal, affirming the remand was appropriate due to lack of necessary factual inquiry and no jurisdictional error or miscarriage of justice.

Core Points

• The case concerns possession through pre-emption over a disputed piece of land.
• Multiple appeals and remands occurred since initial suit filing in early 1980s.
• Lahore High Court opposed appellate court's findings about forged thumb impressions without factual inquiry.
• Supreme Court reiterated remand orders are usually not final and reluctant to intervene unless jurisdictional error or perversity.
• Supreme Court rejected petition for leave to appeal under Article 185(3), finding no substantial question of law or miscarriage of justice.
• Further fact-finding is required at appellate court level to investigate disputed document authenticity.

Law & Section Table

JUDGMENT