MUHAMMAD ZAMAN KHAN And Others vs MUHAMMAD RAMZAN KHAN
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal, challenging the judgment of the High Court. The core legal question concerns whether the High Court misread the material evidence on record, specifically the testimony of Nazir Ahmad Patwari (P.W.1) regarding the petitioners' status as tenants in the suit land. The Supreme Court held that the case requires further examination as the contention regarding the misreading of the record has prima facie substance. Consequently, the Court granted leave for further examination, ordered security of Rs. 2,500, and directed that status quo be maintained in the meanwhile, thereby establishing the principle that leave to appeal will be granted when a credible allegation of misreading of evidence by the High Court is made out.
- Whether leave to appeal should be granted when the High Court is alleged to have misread material evidence on the record?
- Can status quo be ordered by the Supreme Court while granting leave to appeal in a property dispute?
ORDER
1. NASIM HASAN SHAH, J.---It is, inter alia, submitted that the High Court has misread the record. In this connection, it is pointed out that the learned Judge has observed in his judgment that according to the statement of Nazir Ahmad Patwari (P.W.1), the land cultivated by the vendees was different from the land .In dispute, whereas in fact Nazir Ahmad Patwari (P.W.1) had stated otherwise and had admitted that the petitioners were the tenants in the suit land.
2. The case requires further examination.
3. Security Rs.2,500.
4. Status quo to be maintained in the meanwhile.
Cited by 2 cases
- FARHAD KHAN vs ASAD ZULFIQAR and others 2016 MLD 1302
- FARHAD' KHAN vs ASAD ZULFIQAR & others 2017 PLJ Islamabad 167