Syed TAHIRULHASSAN ZAIDI vs Mst. NUSRAT TAHIRULHASSAN AND OTHERS

This matter arises from a petition seeking leave to appeal against the order of the Lahore High Court, which declined to interfere with the concurrent findings of fact regarding the non-payment of a dower debt. The core legal question concerned whether the concurrent findings of fact by the lower courts regarding a disputed bank transaction for the payment of dower could be disturbed in constitutional jurisdiction. The Supreme Court dismissed the petition, holding that where the trial court and the appellate court concurrently found upon an appraisal of evidence that the bank transaction representing the payment of dower was fake and that the wife was not the recipient, such concurrent findings of fact are unexceptionable and cannot be interfered with in writ jurisdiction. The key principle laid down is that the superior courts will not interfere with concurrent findings of fact on appreciation of evidence in constitutional petitions unless such findings are shown to be suffering from any grave illegality or jurisdictional defect.