Case Details

Citation(s)
1994 SLG 705 1994 SLD 705 1994 SCMR 973
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 571-L of 1993, decision dated: 20-11-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUHAMMAD RAUF and 10 others

MUHAMMAD ABBAS and others

Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)---Petition for leave to appeal---Concurrent findings of two Courts below---Interference by High Court---Guidelines supplied---Conclusion drawn by Trial Court and First Appellate Court was proper, reasonable and same could not be assailed on the ground that evidence had been misread or mis-appreciated---Such conclusion could reasonably and by proper appreciating evidence be drawn and had rightly been drawn by Courts below---High Court had correctly not interfered with findings of fact by Courts' below which was fully supported by evidence on record---Such concurrent finding of fact could not be disturbed merely on ground of mis-appreciation or misreading of evidence, but could be challenged only if it was based on extraneous considerations not supported by the facts on record and was result of surmises and conjectures---If no error of law or defect in procedure had been committed in coming to finding of fact, High Court was bound by such finding---Where evidence to sustain finding existed on record then even if the High Court comes to conclusion that a different finding could be given on basis of such evidence it would not be, a ground for interference---Leave to appeal, was refused in circumstances. ORDER SALEEM AKHTAR, J.---The petitioner seek leave to appeal against the judgment of the learned Judge in Chambers of the High Court whereby the second appeal filed by them has been dismissed. 2. Respondent No.l filed suit for declaration pleading that he did not execute any power of attorney in favour of Naik Muhammad, respondent No.2 and did not sell the property in dispute to the petitioners and that the said power of attorney was a forged document and he continues to be the owner of the land. The petitioners contested the suit and pleaded that their predecessor-in-interest had purchased the property under a registered sale-deed which was executed by respondent No.2 as attorney of respondent . No. l who had a registered power of attorney in his favour from respondent No.l. The learned trial Court after considering the evidence of both the parties came to the conclusion that the power of attorney was forged and was not…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492