| Citation(s) |
|---|
| 2009 SLG 1555 2009 SLD 1555 2009 SCMR 54 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2686 of 2005, decision dated: 18-07-2008
M. JAVED BUTTAR AND CH. EJAZ YOUSAF, JJ
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Civil Petition for Leave to Appeal No.2686 of 2005, decision dated: 18-07-2008
M. JAVED BUTTAR AND CH. EJAZ YOUSAF, JJ
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ALAMGIR KHAN through L.Rs and others
VS
Haji ABDUL SITTAR KHAN and others
Law: Civil Procedure Code (V of 1908)
Section: 115
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Specific Relief Act, 1877
Section: 42,54
(a) Civil Procedure Code (V of 1908)---S. 115---Specific Relief Act (I of 1877), Ss.42 & 54---Revision---Maintainability---Concurrent finding of facts arrived at by the courts below did not suffer from misreading or non-reading of evidence nor there was any jurisdictional error in the s of courts below---High Court, however after, assessing the material on record, had ultimately come to the conclusion that there was no substance in the claim of the petitioner---Revision was not maintainable in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Civil matter---Concurrent findings by courts below---Effect---Supreme Court, would not normally go beyond concurrent findings of facts recorded by courts below unless it is shown that the findings are perverse, patently against evidence, or so improbable that acceptance thereof would tantamount to perpetuating a grave miscarriage of justice. (c) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Civil matter---Findings of facts by courts below---Interference by Supreme Court---Principles---Supreme Court does not meddle with findings of facts reached by primary courts or High Court when it is established that findings of courts below are on the whole reasonable and are not arrived at by disregarding any provision of law or any accepted principle concerning appreciation of evidence. Amir Abdullah Khan v. Kafaitullah Khan 2008 SCMR 756; Sheikh Fateh Muhammad v. Muhammad Adil PLD 2007 SC 460; Shaukat Ali v. Allied Bank of Pakistan Ltd. 2007 SCMR 198; Shafi Muhammad v. Khanzada Gull 2007 SCMR 368; Muhammad Zubair v. The State 2007 SCMR 437; Province of Punjab v. Muhammad Yaqoob Khan 2007 SCMR 554; Muhammad Sharif v. Muhammad Anwar 2007 SCMR 687; Mst. Muhammadi v. Ghulam Nabi 2007 SCMR 1047; Syed Ansar Raza Zaidi v. Chief Settlement Commissioner 2007 SCMR 910; Bashir Ahmed v. Muhammad Ali 2007 SCMR 1047; Punjab Industrial Development Board v. United Sugar Mills Limited 2007 SCMR 1394; Musarat Shaukat v. Safia Khatoon 1994 SCMR 2198; Naeem-ur-Rehman v. Abdul Aziz 1986 SCMR 61 and Abdul Hameed v. Ali Ahmed 1979 503 ref. (d) Constitution ofโฆ
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