Law:

Section:

(a) Constitution of Pakistan (1973) ----Art. 199 Writ jurisdiction Concurrent findings High Court cannot in its limited constitutional jurisdiction, interfere with concurrent findings of fact supported by evidence. [Finding of fact). (b) West Pakistan Family Courts Act of (XXXV of 1964)---------Jurisdiction of Family Court Objection about jurisdiction not raised earlier but pressed for first time in Supreme Court .Held, cannot be examined by Supreme Court, [Jurisdiction]. Muhammad Bilal, Advocate and Y. H. Zaidi Advocate on Record for Petitioners. Nemo for Respondent Dates of hearing: 20th November, 1979 and 11th February, 1980. ORDER DORAB PATEL, J. The petitioners are the sons of the fifth respondent. This respondent has two wives, the first respondent and the third respondent. And, as there was a dispute between the wives about property, which the first respondent claimed as having been gifted to her in lieu of dower, she filed a suit in the Family Court, Tomp (Baluchistan), to enforce her rights about the property in dispute. We were informed that the suit was filed only against the third and the fifth respondent and it was decreed therefore, these respondents had filed an appeal in the District Court, Kalat. The learned Distric Judge, Kalat had remanded the case and in the events that happened, the petitioners were impleaded as defendants in the first respondent's suit. But, on remand, the first j respondent was successful again and as the Family Court had her suit, the petitioners and the third and the fifth respondents an appeal in the Court of the District Judge, which was on 4 10 198. The petitioners then filed a writ petition in the Baluchistan High Court against the judgment of the Family Court and of the learned District Judge, Kalat. But, this writ petition was dismissed on the short ground that the High Court could not in its limited constitutional jurisdiction interfere with the concurrent findings against the petitioners, as these findings were supported by evidence. Hence this petition for leave. Mr. Bilal submitted that the case of the petitioners was that the land in dispute had been gifted to the petitioners long before the fifth…

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