| Citation(s) |
|---|
| 1988 SLG 2913 1988 SLD 2913 1988 SCMR 72 |
Supreme Court of Pakistan
Civil Appeal No. K-103 of 1972, decided on 27th January, 1981, Date of hearing: 27th January, 1981. (On appeal from the judgment and order of the High Court of Sind and Baluchistan Karachi, dated 10-2-1972 passed in Second Appeal No. 228 of 1965).
MUHAMMAD HALEEM, JUSTICE, ABDUL KADIR SHAIKH, JUSTICE
S. Nasiruddin, Advocate Supreme Court assisted by Vakil Ahmed Kidwai, Advocate-on-Record for Appellant. A. Aziz Dastagir, Advocate-on-Record for
Respondents.
Civil Appeal No. K-103 of 1972, decided on 27th January, 1981, Date of hearing: 27th January, 1981. (On appeal from the judgment and order of the High Court of Sind and Baluchistan Karachi, dated 10-2-1972 passed in Second Appeal No. 228 of 1965).
MUHAMMAD HALEEM, JUSTICE, ABDUL KADIR SHAIKH, JUSTICE
S. Nasiruddin, Advocate Supreme Court assisted by Vakil Ahmed Kidwai, Advocate-on-Record for Appellant. A. Aziz Dastagir, Advocate-on-Record for
Respondents.
SHAH MUHAMMAD
VS
SARDAR HABIBULLAH KHAN AND OTHErs
Law: Civil Procedure Code (V of 1908)
Section: 100
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Civil Procedure Code (V of 1908)-- ---S. 100--Constitution of Pakistan (1973), Art. 185(3)--Second appeal--Interference with concurrent findings of fact--Suit for declaration and injunction--Decree upheld in appeal but decision reversed in second appeal--Leave to appeal was granted to consider plea that there was no justification whatsoever for interference with concurrent findings of fact reached by two Courts below. (b) Civil Procedure Code (V of 1908)-- --S. 100--Second appeal--Concurrent findings of fact--Interference with--Suit for declaration and injunction--Decree in favour of plaintiff appellant affirmed in appeal but decision reversed in second appeal-Plea raised that findings of fact reached by two Courts below were extremely legitimate and High Court erred in law in reversing concurrent findings just for the reason that it took a different view of evidence recorded in case--Concurrent findings of fact based on proper and legitimate conclusions that could be drawn from evidence recorded in a case did not warrant interference in second appeal under 5.100, C . P. C . because a contrary view of evidence prevailed with High Court--Appeal accepted, impugned set aside and decision of Trial Court upheld. JUDGMENT ABDUL KADIR SHAIKH, J.- This appeal by leave is directed against the judgment of a learned Judge of Sind High Court, dated 10-2-1972 allowing a second appeal filed by the respondents and in result setting aside the decree passed in appellants favour by the trial Court which was upheld on appeal by the Additional District Judge, Sukkur. The dispute relates to agricultural land situated in Deh Vakro Jagir, Taluka and District Shikarpur which originally belonged to Sardar Muhammad Bux Khan, father of respondent No.1. According to the appellant, his father Muhammad Ali, purchased the suit land from Sardar Muhammad Bux Khan for Rs.2,000 through sale-deed, dated 22-8-1917, and after the death of his father appellant was the sole surviving heir, and he has always remained in possession of the suit land throughout. Afterwards, the land was mutated in the record of rights in his name in 1954, but subsequently the Special…
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