ALLAH DITTA vs MUHAMMAD IQBAL
This petition for leave to appeal arises from an order of the Lahore High Court which dismissed the petitioner's civil revision, affirming concurrent findings of fact by the lower courts in a suit for possession based on ownership of land measuring one Marla. The core legal question was whether concurrent findings of fact recorded by the lower courts and upheld in civil revision could be interfered with by the Supreme Court. The Supreme Court held that findings of fact arrived at after properly applying the mind to the evidence on record by the lower courts cannot be disturbed in these proceedings. The petition was accordingly dismissed, establishing that the Supreme Court will not interfere with concurrent factual determinations of lower courts where evidence has been duly evaluated.
- Can the Supreme Court disturb concurrent findings of fact arrived at by the lower courts and upheld in civil revision?
- Whether a petition for leave to appeal is maintainable against an order dismissing a civil revision based on factual determinations?
ORDER
1. ' JAVID IQBAL, J.--This petition for leave is directed against the order of the Lahore High Court, Multan Bench, Multan, dated 24th April 1983 whereby the civil revision of the petitioner was dismissed.
2. ' Briefly the facts are that the respondent Muhammad Iqbal filed a suit against the petitioner for possession on the basis of ownership of the disputed land measuring one Marla only. The suit was contested but was eventually decreed. The appeal of the petitioner was dismissed and thereafter his civil revision was also dismissed by learned Single Judge of the Lahore High Court, Multan Bench on the ground that both the Courts below had applied their mind to the evidence on the record and had given findings of fact on the relevant issues as against the petitioner.
3. ' We have heard learned counsel for the petitioner at some length but we are of the view that the findings of fact as against the petitioner cannot he disturbed by this Court. Therefore this petition is dismissed.