ATA HUSSAIN vs RIAZ HUSSAIN And Other

This petition for special leave to appeal arises out of a civil suit for the partition of a shop, wherein the trial court passed a preliminary decree determining the respective shares of the parties and appointed a Local Commissioner to report on the partibility of the property. The petitioner unsuccessfully challenged the preliminary decree through a first appeal before the Additional District Judge and subsequently via a second appeal in the High Court. The core legal question concerned the determination of the shares of the parties in the property. The Supreme Court of Pakistan held that the finding regarding the shares was correctly based upon the clear admission made by the petitioner himself in previous litigation, rendering the matter unfit for interference. Consequently, the petition for leave to appeal was dismissed. The key principle laid down is that a party's unequivocal admission in prior litigation regarding property shares forms a valid and unassailable basis for concurrent findings in subsequent partition proceedings.