Mst. MUNTI vs MUHAMMAD AYUB And Other
This petition for leave to appeal is directed against the judgment of the Lahore High Court dismissing a writ petition arising out of the disposal of a rural property consisting of a shop and a Chobara. The core legal question involved the challenge to concurrent findings of fact regarding the occupation and transfer application of the disputed property. The Supreme Court held that the findings of fact regarding the respondent's occupation and the lack of proof concerning the petitioner's occupation and pursuit of the transfer application suffered from no legal infirmity. The court established the principle that concurrent findings of fact regarding property occupation and non-prosecution of transfer claims by competent authorities will not be interfered with under writ jurisdiction unless shown to be against a principle of law.
- Can concurrent findings of fact regarding the occupation of property be challenged in a petition for leave to appeal?
- Will the Supreme Court interfere with findings of fact affirmed by the High Court when no principle of law has been violated?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-- This petition for leave to appeal is directed against judgment, dated 9-3-1980 of the Lahore High Court; whereby a writ petition arising out of disposal of a rural property, consisting of a shop and a Chobara over it, was dismissed, on affirmation of findings of fact that while the respondent's occupation on a part of the composite property stood established, the petitioner's occupation was not proved; nor it was established that she had made any application for the transfer of the property in dispute. A third factor was also noticed namely that when the spot was inspected by the officer concerned the petitioner did not come forward with a claim for the transfer of the disputed property.
2. Learned counsel has tried to contest the finding of fact particularly with regard to the submission of the application for transfer of the property and has made a reference to some document filed by the petitioner in 1965. But for some years thereafter it appears she did not pursue the matter and for all practically purposes it became e case of non-prosecution on her behalf. Be that as it may nothing has been established to show that the findings of fact regarding occupation of the property rendered against the petitioner were against any principle of law. That being so no justification has been made out for interference. This petition accordingly is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.