MUHAMMAD ZAHEER KHAN And Another vs MUHAMMAD ZAMIR KHAN
This petition for special leave to appeal arises out of a civil matter where the core legal question was whether respondent No. 1 was the son of Muhammad Nazir Khan, who died in 1943. Both the trial Court and the Additional District Judge examined the evidence led by the parties and decided the question in the affirmative in favor of respondent No. 1. The High Court, exercising its revisional jurisdiction, declined to interfere with this concurrent finding of fact. The Supreme Court dismissed the petition, holding that the petitioners failed to demonstrate any legal infirmity in the concurrent findings of the lower forums. The key principle laid down is that the Supreme Court will not interfere with concurrent findings of fact by lower courts in revisional jurisdiction unless a material infirmity is shown.
- Whether the Supreme Court will interfere with concurrent findings of fact affirmed in revisional jurisdiction?
- Can a petition for special leave to appeal succeed without showing a material infirmity in the lower courts' findings?
1. SAAD SAOOD JAN, J.--The only question for consideration in this petition for special leave to appeal is whether respondent No. 1 was the son of Muhammad Nazir Khan who died in 1943. The trial Court and the Additional District Judge examined the evidence led by the parties and decided the question in the affirmative. The High Court in revisional jurisdiction declined to interfere with this concurrent finding. Learned counsel for the petitioners has not been able to show us that this finding suffers from any infirmity. This petition is accordingly dismissed.