Pakistan Case Law
1987 SCMR 1714

Professor ATTAUL HAQ vs INAYAT SAEED And Another

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Citation1987 SCMR 1714
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.427 of 1986 Writ Petition No.159
Date1987-06-09
Judge(s)Aslam Riaz Hussain and Saad Saood Jan
Authored byAslam Riaz Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was filed against a judgment of the Lahore High Court, which had dismissed a writ petition arising from proceedings under the West Pakistan Urban Rent Restriction Ordinance 1959. The petitioner sought to challenge the High Court's decision before the Supreme Court of Pakistan. Upon review of the impugned judgment and hearing the arguments presented by the petitioner's counsel, the Supreme Court determined that the decision of the High Court was based entirely on a finding of fact. The Court held that the matter did not involve any substantial question of law that would necessitate intervention or a decision by the Supreme Court. Consequently, the Court found no grounds to grant leave to appeal and dismissed the petition. This judgment reinforces the principle that the Supreme Court will generally decline to interfere in matters where the lower court's decision rests on findings of fact rather than legal error or constitutional interpretation.

Questions settled in this judgment
  • Does the Supreme Court grant leave to appeal in cases where the impugned judgment is based solely on a finding of fact?
  • Is a finding of fact by the High Court sufficient to warrant interference by the Supreme Court in a rent restriction matter?
Laws & provisions referred
  • West Pakistan Urban Rent Restriction Ordinance 1959
leave to appealfinding of factwrit petitionrent restrictionSupreme Court jurisdiction

ORDER

1. ASLAM RIAZ HUSSAIN, J.-- Mr. Attaul Haq Qureshi seeks leave to appeal against the judgment of the Lahore High Court dated 9-2-1986, dismissing his writ petition in a case under the West Pakistan Urban Rent Restriction Ordinance 1959.

2. 2 We have gone through the impugned judgment and heard the learned counsel for the petitioner at some length. We find that the impugned judgment is based on a finding of fact and the matter does not involve any question of law requiring decision by this Court.

3. The petition is, therefore, dismissed.

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