Pakistan Case Law
1986 SCMR 1180

Mst. BHAGAN BIBI vs MUHAMMAD AKRAM And Other

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Citation1986 SCMR 1180
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No. 2388 of 1984 Civil Petition No. 1234 of 1984
Date1985-11-11
Judge(s)Nasim Hasan Shah and S.A. Nusrat
Authored byS.A. Nusrat
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the High Court, which interfered with concurrent findings of fact previously established by the Rent Controller and affirmed by the First Appellate Court. The core legal question presented for the Supreme Court's examination is whether the High Court is legally justified in exercising its writ jurisdiction to set aside concurrent findings of fact reached by lower rent forums. The Supreme Court granted leave to appeal, thereby indicating that the propriety of the High Court's interference with such concurrent findings requires a detailed judicial review. The principle at stake involves the scope and limitations of writ jurisdiction when confronted with concurrent factual determinations made by specialized tribunals and appellate authorities under rent control legislation. By granting leave, the Court has signaled that the High Court's exercise of jurisdiction in this specific context warrants further scrutiny to determine if it exceeded the permissible boundaries of judicial review regarding findings of fact.

Questions settled in this judgment
  • Is the High Court justified in interfering with concurrent findings of fact recorded by a Rent Controller and confirmed by an Appellate Court in the exercise of writ jurisdiction?
writ jurisdictionconcurrent findings of factrent controlleave to appealappellate review

ORDER

1. S.A. NUSRAT, J.--The contention requiring examination in this petition is whether the learned High Court was justified in interfering with the concurrent findings of fact recorded by the Rent Controller and confirmed by the First Appellate Court in the exercise of writ jurisdiction.

2. Leave is granted. Security Rs.1,000.

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