| Case ID |
1f71a79e-9e6e-4bda-a4c4-6397ca88a29b |
| Body |
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| Case Number |
Civil Petition No. 178-R of 1984 |
| Decision Date |
Dec 01, 1984 |
| Hearing Date |
Dec 01, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's judgment which modified the decree in favor of the petitioners. The Court upheld the findings of the High Court, stating that the first appellate court's decision was not supported by the evidence presented. The Court underscored the principle that conflicting findings of fact do not have the same weight as concurrent findings, allowing the High Court to intervene in cases where the appellate court's findings are not backed by evidence. The petitioners' claims regarding the insanity of Jaffar Khan and the alleged fraud in the sale were rejected due to the lack of substantial evidence to support their assertions. |
| Summary |
This case revolves around a dispute over land ownership and the validity of a sale conducted by an attorney on behalf of a property owner, Jaffar Khan. The petitioners, Mst. Afrozi Jan and others, challenged the sale of land that was executed by Gulab Khan, the attorney appointed by Jaffar Khan. The Supreme Court of Pakistan examined the legal principles related to the second appeal, particularly the standards for reviewing findings of fact made by lower courts. The Court emphasized that the High Court's role in second appeals allows for the comparison of conflicting findings from the trial and appellate courts, especially when the evidence does not substantiate the appellate court's conclusions. The decision highlighted the importance of sound mind and capacity in legal transactions, ultimately dismissing the petitioners' claims and affirming the findings of the lower courts. The case serves as a significant reference for understanding the dynamics of attorney-client relationships and the legal standards applied in property disputes, particularly in the context of second appeals. Keywords like 'land ownership dispute', 'second appeal standards', and 'attorney-client relationship' are relevant in the current legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
M.S.H. QURAISHI
|
| Lawyers |
Malik Muhammad Jaffar Khan
|
| Petitioners |
others,
Mst. AFROZI JAN
|
| Respondents |
others,
Mst. ZOOJAN
|
| Citations |
1985 SLD 542,
1985 SCMR 587
|
| Other Citations |
Madan Gopal v. Maran Bepari P L D 1969 S C 617
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S.100
|