GHULAM DASTGIR and 3 others vs JAMAL DIN and 3 others
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had accepted a civil revision filed by the respondents. The underlying dispute originated from a suit for declaration filed by the respondents, who challenged the validity of an alienation of property made by their predecessor-in-interest, one Naiki, in favour of the petitioners, alleging the transfer deed was fake and forged. The trial court initially decreed the suit in favor of the respondents, finding that the predecessor-in-interest had died during the partition disturbances long before the alleged execution of the transfer deed. Although the petitioners' appeal was initially successful, the High Court subsequently restored the trial court's decree upon revision. The Supreme Court heard arguments from both sides and determined that the controversy regarding the genuineness of the alienation was a matter of fact that had already been concluded by the lower courts. Finding the impugned findings of fact to be unexceptionable, the Supreme Court refused the petition for leave to appeal, holding that the case was not a fit matter for further appellate review.
- Can the Supreme Court interfere with concurrent findings of fact in a civil revision?
- Is a petition for leave to appeal maintainable when the controversy rests solely on findings of fact?
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a suit for declaration; against the acceptance by the High Court of respondent's Civil Revision.
2. The respondents had challenged the alienation by their predecessor-in- interest--named Naiki in petitioners favour as fake and forged. The trial Court decreed the suit, inter alia, on the finding that Naiki had died during the disturbances at the time of partition many years before the execution of the disputed transfer deed. Petitioners' appeal succeeded but on respondents' civil revision, the trial Court decree was restored.
We have heard learned counsel for both the sides, the controversy with regard to the genuineness of alienation stands concluded by findings of fact. The technical objection notwithstanding, in our view, the impugned findings of fact are unexceptionable. Leave to appeal, therefore, is refused as it is not a fit case in that behalf.