| Case ID |
2589e2e3-1580-4449-b3df-8b983da79056 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 32 |
| Decision Date |
Mar 16, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, concluding that the revision was rightly dismissed in limine. The court found that the dispute primarily revolved around the appreciation of evidence presented in the original suit. The findings of the trial court and the appellate court were sufficiently supported by the evidence, despite the absence of a sale-deed. The petitioners failed to demonstrate any merit in their appeal, leading to the dismissal of the petition. |
| Summary |
This case revolves around a property dispute where the petitioners, heirs of Karim Bakhsh, contested a claim made by the respondent, Bagh Ali, who asserted ownership of the disputed land based on an alleged sale-deed. The trial court ruled in favor of Bagh Ali, relying on oral evidence. The petitioners' appeal was dismissed at the district level, leading to a revision in the Lahore High Court, which was also dismissed. The Supreme Court of Pakistan examined the case, focusing on the evidence and the legal principles regarding the appreciation of such evidence under the Civil Procedure Code. The court emphasized the importance of concurrent findings and upheld the lower courts' decisions, concluding that the petitioners had not established any grounds for their revision. Key legal principles of property law and civil procedure were applied, particularly regarding the burden of proof and the sufficiency of evidence in civil disputes. The case underscores the challenges in property disputes and the critical role of evidence in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Nasim Hasan Shah
|
| Lawyers |
Ch. Muhammad Said, Advocate,
Rana M. A. Qadri, Advocate-on-Record
|
| Petitioners |
Others,
Suleman
|
| Respondents |
Bagh Ali
|
| Citations |
1982 SLD 538,
1982 SCMR 938
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|