Case Details

Citation(s)
2010 SLG 2615 2010 SLD 2615 2010 SCMR 5
Supreme Court of Pakistan
Civil Petition No.1381 of 2009, decision dated: 11-08-2009 (Against the judgment, dated 8-5-2009 passed by Peshawar High Court, Abbottabad Bench in Civil Revision No.83 of 2007)
CH. IJAZ AHMED AND, JAWWAD S. KHAWAJA, JJ

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MUHAMMAD IDREES and others

VS

. MUHAMMAD PERVAIZ and others

Law:

Section:

(a) Administration of justice-------Each and every case is to be decided on its own peculiar circumstances and facts. Muhammad Saleem's case 1994 SCMR 2213 rel. (b) Civil Procedure Code (V of 1908)--- ---S. 115---Re visional jurisdiction of High Court---Findings by Court of competent jurisdiction---Scope---Finding on question of fact or law, how erroneous the same may be, if recorded by court of competent jurisdiction, the same cannot be interfered with by High Court in exercise of its revisional jurisdiction under S.115 C. P. C., unless such findings suffer front controversial defects, illegality or material irregularity. Hindu Religious Endowments Board, Madras's case PLD 1949 PC 26 rel. (c) Constitution of Pakistan (1973)--- ---Art. 185(3)---Supreme Court, jurisdiction of----Concurrent findings of fact recorded by courts below---Burden of proof---Scope---Supreme Court seldom interferes in concurrent conclusions arrived at by courts below while exercising power under Art.185(3) of the Constitution unless and until finding is on the face of it against evidence or so patently improbable or perverse that to accept it could amount to perpetuating a grave miscarriage of justice or if there has been any misapplication of principle relating to appreciation of evidence or finally if finding could be demonstrated to be physically impossible-In civil petitions, burden lies heavily on petitioner to show that concurrent findings recorded by High Court are not sustainable on record and should be interfered with by Supreme Court. (d) Documentary evidence--- ----Registered document---Scope---Registered document has sanctity attached to it and strong evidence is required to cast aspersion on its genuineness. Mirza Muhammad Sharif's case1993 SCMR 462 rel. (e) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Partition Act (IV of 1893), S.4---Constitution of Pakistan (1973), Art.185(3)---Partition of property---Concurrent findings of fact by the courts below---Thirty years old document---Presumption---Property in question was transferred vide sale-deed registered on 12-5-1952, in the names of predecessors-in-interest of parties and possession was also handed over to then---Suit…
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