MUHAMMAD MAOBOOL HUSSAIN vs Mst. RAZIA BEGUM
This matter arises from a petition for leave to appeal filed by a defendant against the dismissal of his civil revision by the High Court, which upheld the decree in a suit for declaration and possession concerning a disputed Tamleek. The core legal question involves the propriety of the concurrent findings of fact regarding the Tamleek and the consequences of failing to make up a deficiency in court-fee within the stipulated time. The Supreme Court held that no substantial error of law or principle was committed by the lower courts in their appraisal of the material, and the findings of fact were unexceptionable. Consequently, the Court refused to grant leave to appeal, holding that the case was not a fit one for interference under revisional or appellate jurisdiction.
- Whether the High Court was justified in refusing to interfere with the concurrent findings of fact regarding the disputed Tamleek?
- Does the failure to make up the deficiency in court-fee within the time granted by the Court warrant the dismissal of the appeal?
- Are there any substantial errors of law or principle in the appraisal of material that would justify the grant of leave to appeal?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a suit for declaration and possession filed by the respondent, against the dismissal by the High Court, of his Civil Revision.
2. ' The respondent had challenged a Tam leek alleged to have been made by her in favour of the petitioner who is her paternal cousin. The suit was decreed. Petitioner's appeal was dismissed for the reason of deficiency of court-fee. His Regular First Appeal, however, was accepted by the High Court and the case, was remanded to the District Judge who again dismissed the appeal both on the ground of failure of the petitioner to make up the deficiency within time granted by the Court as also on merits. The petitioner again approached the High Court in the second round.
3. ' After careful examination of the reasoning which prevailed with the learned lower Court, the High Court came to the conclusion that it was not a fit case for its interference on merits as the findings of fact were un-exceptionable.
4. We asked the learned counsel whether there are any such circumstances which might lead to supposition that the learned lower Courts committed any substantial error of law or principle in the appraisal of the material regarding the Tamleek alleged to have been made in favour of the petitioner by the respondent but he has not been able to point out any such error. Accordingly, we do not consider it a lit case for grant of leave to appeal. The same, therefore, is refused.