Pakistan Case Law
1990 SCMR 439 1

MUHAMMAD RAFIQ KHAN vs MIRAJ DIN and 4 others

⭐ Prefer in Google
Citation1990 SCMR 439 1
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1108 of 1986
Date1988-11-27
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal seeking to challenge the concurrent dismissal of the petitioner's suit for specific performance of an agreement to sell land by the trial court, appellate court, and revisional court. The core legal question is whether the authenticity of the disputed agreement to sell was established and whether any substantial question of law arose from the concurrent findings of fact. The Supreme Court held that the agreement to sell was not established as authentic and, finding no question of law involved against the concurrent findings of fact, refused leave to appeal. The key principle laid down is that the Supreme Court will not interfere with concurrent findings of fact regarding the execution and authenticity of an agreement to sell where no substantial question of law is made out.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with concurrent findings of fact regarding the authenticity of an agreement to sell?
  • Is leave to appeal granted when no substantial point of law is involved in a suit for specific performance?
specific performanceagreement to sellconcurrent findings of factleave to appealcivil procedure

ORDER

MUHAMMAD AFZAL ZULLAH, J.--Petitioner's suit for specific performance of sale of land was dismissed. His Appeal and Revision having also been dismissed, he has now sought leave to appeal.

2. It has been held that the agreement to sell relied upon by the petitioner has not been established to be authentic. There are concurrent findings of fact against the petitioner. No law point is involved. Leave to appeal, therefore, is refused.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.