KHUDA DAD And Others vs FAZAL
This matter concerns a petition for leave to appeal against a judgment of the High Court, which reversed concurrent findings of fact made by the two lower courts regarding the validity of a gift. The core legal question is whether the High Court, in the exercise of its second appellate jurisdiction, is empowered to reverse concurrent findings of fact, specifically regarding the delivery of possession in a gift transaction, under the scope of Section 100 of the Code of Civil Procedure 1908. The Supreme Court found merit in the petitioner's contention that the High Court exceeded its legal authority by interfering with these concurrent factual findings. Consequently, the Court granted leave to appeal to examine the limits of the High Court's jurisdiction in second appeals. The principle laid down emphasizes that a High Court in second appeal is generally restricted from disturbing concurrent findings of fact unless there is a substantial error of law or procedure that warrants such interference.
- Can the High Court reverse concurrent findings of fact in a second appeal under Section 100 of the Code of Civil Procedure 1908?
- Does the reversal of a finding regarding the delivery of possession in a gift case by the High Court in second appeal constitute an excess of jurisdiction?
- Section 100, Code of Civil Procedure 1908
ORDER
1. NASIM HASAN SHAH, J.--The learned Judge in the High Court has reversed, in second appeal, the concurrent finding of fact recorded by the to Courts below that the alleged donee was not able to establish that possession had been delivered to him in pursuance of the alleged gift in his favour and, therefore, the making of the gift was not proved.
2. After hearing Ch. Muhammad Ashraf Wahla, we consider that his contention that the learned Judge in the High Court could not have reversed such a finding of fact while hearing a second appeal and that he exceeded the powers conferred on him under section 100, C.P.C. Has considerable force.
3. Leave is, accordingly, granted.
4. Security in the sum of Rs.1,000.