QAMARUDDIN vs ABDUL GHAFOOR and 2 others
This petition for leave to appeal arose from a suit for declaration and permanent injunction filed by the petitioner challenging a gift made by him in favor of the respondents. The trial court recorded a finding of fact against the petitioner, which led to the dismissal of his suit. This decision was subsequently upheld on appeal. The High Court, in a Regular Second Appeal converted into a Civil Revision, declined to disturb these concurrent findings of fact. Before the Supreme Court of Pakistan, the petitioner's counsel contested the findings but ultimately could not sustain any argument against the concurrent appreciation of evidence by the courts below. The Supreme Court held that concurrent findings of fact that are unexceptionable and supported by evidence cannot be disturbed. Consequently, the Supreme Court refused leave to appeal, affirming the decisions of the lower courts.
- Whether concurrent findings of fact by lower courts can be disturbed by the Supreme Court when they are found to be unexceptionable?
- Can a petitioner succeed in seeking leave to appeal solely on the ground of reappreciation of evidence where concurrent findings of fact exist against him?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--The plaintiff in a suit for declaration and permanent injunction regarding a gift made by him in respondents' favour, has sought leave to appeal against the dismissal by the High Court of his Regular Second Appeal (converted as a Civil Revision).
2. The learned trial Judge gave a finding of fact against the petitioner. His appeal was dismissed. The concurrent findings of fact by the learned two Courts below were not disturbed by the High Court.
3. In these circumstances, after arguing the matter for some time, the learned counsel could not pursue it any further on the question regarding appreciation of evidence and findings of fact against the petitioner which are unexceptionable. Leave to appeal is refused.
Cited by 1 case
- SAYYED ENGINEERING Versus TRISTAR INDUSTRIES (PVT.) LTD. 2001 CLC 1368