| Citation(s) |
|---|
| 1980 SLG 3077 = 1980 SLD 3077 = 1980 SCMR 331 |
Civil Review Petition No. 44-R of 1977 in Civil Petition No. 681 of 1974, decided on 27th October, 1979. (On review of this Court's judgment dated 5-11-1977 in C. P. S. L. A. No. 681/1974).
Presented By: Anwarul Haq, C. J: and Muhammad Afzal Zullah, J
Mir Abdullah v. Muhammad Ali and 2 others 1977 S C M R 280 ref. Bashir Ahmad Ansari, Advocate Supreme Court for Petitioners. Nemo for
Respondent:
Mst. ZAINAB KHATOON AND ANOTHER-Petitioners
VERSUS
Mst. GHULAM FATIMA-Respondent
Law: Constitution of Pakistan, 1973
Section: 188
Constitution of Pakistan (1973) Art. 188-Review-Argument earlier advanced and considered--Rehearing of case, held, cannot be permitted under cover of a petition for review-Supreme Court of Pakistan Rules, 1956, O. XXVI.- [Review]. Date of hearing : 27th October, 1979. ORDER MUHAMMAD AFZAL ZULLAH, J.-The order dated 5th November, 1977 dismissing a petition for special leave to appeal is sought to be reviewed through this review petition. The petitioners filed a suit for pre-emotion on the assertion that the transaction in question was not a gift (as shown by the concerned parties), but it was a sale. The trial arid first appellate Courts gave findings of fact in their favour. In 2nd appeal it was held by the Lahore High Court that the findings of fact by the Lower Courts were based on conjectures and surmises and were not based on any reliable evidence. As noted in the order under review, the learned counsel then appearing in this Court read the `entire record'. The Court after reading the relevant statements observed : "We are fully satisfied that the transaction in dispute was a…