MUHAMMAD HASSAN and another vs GHULAM SHAH and another
This petition for leave to appeal challenged an order of the Lahore High Court, which had dismissed the petitioners' Regular Second Appeal regarding the validity of certain exchange deeds. The petitioners claimed they had acquired land from the deceased owner, Mst. Mastooran, in exchange for two houses. The respondents, including the deceased's husband and daughter, successfully challenged the exchange in the trial court and the first appellate court, alleging that the deeds were procured through fraud and misrepresentation. The core legal question before the Supreme Court was whether the concurrent findings of the lower courts regarding the invalidity of the exchange deeds were sustainable. The Supreme Court dismissed the petition, holding that the concurrent findings of fact—that the deeds were procured by undue influence—were supported by the record and that the petitioners' allegations of misreading of evidence were unsubstantiated. The Court affirmed the lower courts' decisions but directed that if the respondents remained in possession of the petitioners' houses, they must surrender such possession to the petitioners, ensuring equitable restitution.
- Can the Supreme Court interfere with concurrent findings of fact regarding the validity of an exchange deed?
- Is a party entitled to the restitution of property exchanged under a deed subsequently declared void due to undue influence?
ORDER
1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore, dated 8th December, 1984 whereby R.S.A. Of the petitioners was dismissed.
2. ' Briefly the facts are that Mst. Mastooran owned some land. The case of the petitioners is that they obtained the suit land from her through exchange deed to the effect that they had transferred their two houses in her favour in exchange of her land. Subsequently Mst. Mastooran alongwith her husband Ghulam Shah respondent brought a declaratory suit challenging the validity of the exchange deeds. On her death the minor daughter of the two alongwith her father carried on these proceedings as against the petitioners on the allegation that the exchange deeds were procured by fraud and misrepresentation. The suit was resisted by the petitioners but it was decreed in favour of the respondents. The appeal of the petitioners failed. Thereafter their second appeal as stated above also failed. Hence the present petition.
3. ' Learned counsel attempted to argue before us that the exchange was genuine, that the respondents were still in possession of the houses which were exchanged in lieu of Darya Burd land belonging to Mst. Mastooran deceased and that there was no fraud or misrepresentation.
4. We have heard learned counsel but the concurrent finding of all the Courts is to the effect that the exchange deeds in question were procured by undue influence and this finding of fact has been recorded against the petitioners. Furthermore it is evident that the allegation of misreading of record was not being supported by the evidence on record. In that view of the matter we do not find any substance in this petition which is accordingly dismissed. However, if the respondents are still in possession of the two houses belonging to the petitioners, they should surrender possession of the said houses to them.