MUHAMMAD SIDDIQUE AND Another vs NASEER AHMAD
This petition is directed against the judgment of the High Court which dismissed the second appeal of the petitioners on the ground that the matter was concluded by a finding of fact. The core legal question in dispute was whether the mutation of sale relied upon by the petitioners was genuine or fictitious. The trial court held the document to be forged and fictitious after discussing the evidence at length, and this finding of fact was upheld by the District Judge, Vehari. The Supreme Court of Pakistan held that the matter in dispute was clearly one of fact, and the concurrent findings recorded thereon by the lower courts were final and could not be interfered with in second appeal or in the present proceedings. The petition was accordingly dismissed.
- Can a finding of fact concurred in by the lower courts be interfered with in a second appeal?
- Whether the question of whether a mutation of sale is genuine or fictitious constitutes a question of fact?
ORDER
1. NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 31-5-1977 in R. S. A. No. 382 of 1977. The High Court dismissed the second appeal of the petitioners on the ground that the matter was "concluded by a finding of fact".
2. It is not disputed that the question in dispute was whether mutation of sale relied upon by the petitioners was genuine or fictitious. The learned trial Court held that this was a forged and fictitious-document after discussing the evidence at length. The finding was upheld by the learned District Judge, Vehari. After adverting to the relevant evidence, the matter in dispute was clearly one of fact and the finding recorded thereon by the trial Court and confirmed by the District Judge, was final. The High Court, has, therefore, rightly dismissed the second appeal on the ground the matter was concluded by a finding of fact. Such a finding cannot be interfered with in the present proceedings.
3. This petition, therefore, fails and is dismissed hereby.
Cited by 3 cases
- SIRBALAND Versus ALLAH LOKE 1996 SCMR 575
- AHMAD YAR And 4 Others vs RASOOL BAKHSH And Other 1989 MLD 1043
- MUHAMMAD SHAH vs AZIZ AKBAR AND 4 OTHERS 1985 PLD Peshawar 142