Pakistan Case Law
1987 SCMR 732

MUHAMMAD ISMAIL vs FAIZ BAKHSH And Other

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Citation1987 SCMR 732
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 521 of 1980 Writ Petition No.
Date1987-02-16
Judge(s)Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for special leave to appeal directed against the judgment of the Lahore High Court, which dismissed the petitioner's constitutional petition. The core legal question concerns whether the High Court was justified in refusing to interfere with a concurrent finding of fact recorded by the Settlement authorities regarding the auction of property in favour of the petitioner while earlier L.H. Forms filed by the respondents remained undisposed of. The Supreme Court held that the High Court properly refused to interfere with the established finding of fact by the Settlement authorities. The key principle laid down is that the superior courts will not interfere with concurrent findings of fact reached by administrative settlement tribunals in constitutional jurisdiction unless a jurisdictional defect or illegality is shown.

Questions settled in this judgment
  • Whether the High Court can interfere with a finding of fact recorded by the Settlement authorities in constitutional jurisdiction?
  • Is leave to appeal granted against the dismissal of a constitutional petition upholding a finding of fact by settlement authorities?
special leave to appealconstitutional petitionsettlement authoritiesfinding of factauction of propertywrit jurisdiction

SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal from the judgment dated 29-1- 1980 of the Lahore High Court dismissing the constitutional petition of the petitioner.

2. There is a finding of fact by the Settlement authorities that the property was auctioned in favour of the petitioner at a ,time when the L. H. Forms filed by respondents Nos. 1 and 2 were still lying undisposed of. The High Court very properly refused to interfere with this finding. In view of this position we do not think this is a fit case where leave --to appeal should be granted to the petitioner.

Cited by 4 cases

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