ABDUL WAHAB And 26 Others vs Haji MUHAMMAD HUSSAIN
This petition for leave to appeal challenges an order of the High Court of Baluchistan, which dismissed the petitioners' civil revision against a judgment of the Majlis-e-Shoora, Sibbi. The underlying dispute concerns a suit for declaration and permanent injunction regarding the ownership of land in Mauza Thattar, Tehsil Bhag. The trial court initially decreed the suit in favor of the petitioners, but this decision was reversed by the Majlis-e-Shoora, whose findings were subsequently upheld by the High Court. The petitioners contend that the appellate court and the High Court failed to properly scrutinize evidence, specifically alleging that the documents supporting the respondent's claim of a land grant from the Khan-e-Azam of Kalat were fictitious. Furthermore, the petitioners argue that their own oral and documentary evidence, including revenue receipts, demonstrates long-standing physical possession. Upon preliminary hearing, the Supreme Court found that the impugned judgment requires further examination to determine if it is based on misreading or misrepresentation of evidence. Consequently, leave to appeal is granted, and the status quo is maintained pending final disposal.
- Does the misreading or misrepresentation of evidence by a lower appellate court constitute sufficient grounds for granting leave to appeal?
- Can a High Court's dismissal of a civil revision be challenged in the Supreme Court when findings of fact are contested?
ORDER
1. S. USMAN ALI SHAH, J.---This petition for leave to appeal is directed against the order of the High Court of Baluchistan, Quetta dated 20-8-1989, whereby the petitioners' Civil Revision No. 127/89 against the judgment of Majlis-e-Shoora, Sibbi, was dismissed.
2. Briefly, the facts are that the plaintiffs/petitioners filed a suit before the Court of Qazi Bhag, against the respondent for seeking declaration and permanent injunction claiming the ownership of the disputed land in Mauza Thattar of Tehsil Bhag. Haji Muhammad Hussain respondent contested the suit and submitted his written statement, repudiating the claim of the plaintiffs/petitioners. The Court framed seven contesting issues and after recording evidence in the matter, decreed the suit of the plaintiffs/petitioners in their favour on 26-1-1989. Appeal of the defendant/respondent before Majlis-e-Shoora, Sibbi was accepted and the decree passed by the trial Court in favour of the petitioners was set aside vide order dated 26-4-1989. The petitioners' civil revision before the High Court of Baluchistan was also dismissed by the impugned judgment.
3. The learned counsel for the petitioners contended that the documents pertaining to the alleged grant of 300 Jareebs of land by Khan-e-Azam of Kalat to the respondent after he was abdicated are fictitious documents and the findings arrived by the Majlis-e-Shoora and affirmed by the High Court are without any proper scrutiny of the evidence of the witnesses and. Have erroneously rejected the findings of the trial Court. On the other side the oral evidence as well as documentary evidence produced by the petitioners in the form of judgments and receipts of revenue paid to the Government, shows their physical possession of the disputed land for centuries past.
4. After hearing the learned counsel for the petitioners that the impugned judgment needs consideration of this Court to sift it out whether it is really based on misreading and misrepresentation. Leave to appeal is therefore, granted.
5. Security Rs. 5,000.
6. Appeal is to be made ready on the present record. However, the parties are allowed to file additional documents, if any. Status quo is to be maintained till the final disposal of the appeal.