Pakistan Case Law
1987 SCMR 1152

Syed FIDA HUSSAIN SHAH vs Mst. SHARAM KHATOON And Another

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Citation1987 SCMR 1152
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 1190 of 1983 Civil Revision No.
Date1987-05-02
Judge(s)Aslam Riaz Hussain and Saad Saood Jan JJ Syed FIDA HUSSAIN SHAH‑
Authored byShad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner filed a petition for special leave to appeal challenging concurrent findings of fact regarding the religious persuasion of the deceased, Gaman Shah. The core legal question was whether the deceased was a Sunni Muslim or a Shia Muslim at the time of his death, a determination critical to the inheritance or succession dispute between the parties. The trial Court, after examining the evidence, concluded that the deceased was of Sunni persuasion. This finding was affirmed by the Additional District Judge on appeal. Subsequently, the High Court declined to interfere with these concurrent findings while exercising its revisional jurisdiction. Upon review, the Supreme Court found no justification to disturb the concurrent findings of the lower courts. Consequently, the Supreme Court dismissed the petition both for non-prosecution, as no one appeared on behalf of the petitioner, and on the merits, upholding the established factual determination regarding the deceased's religious affiliation.

Questions settled in this judgment
  • Can the Supreme Court interfere with concurrent findings of fact regarding a person's religious persuasion?
  • Is a petition for special leave to appeal liable to be dismissed if the petitioner fails to appear?
concurrent findings of factrevisional jurisdictionreligious persuasioninheritance disputespecial leave to appealnon-prosecution

1. SHAD SAOOD JAN, J.--In this petition for special leave to appeal nobody has appeared on behalf of the petitioner. The basic controversy between the parties was whether at the time of his death Gaman Shah was a Sunni Muslim or a Shia Muslim. After examining the entire evidence, the trial Court, held, that he was of Sunni persuasions. The Additional District Judge reappraised the evidence and affirmed the finding of the trial Court. The High Court declined to interfere with it in revisional jurisdiction. We find no justification for interfering with this finding. This petition is accordingly dismissed for non-prosecution as well as on merits.

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