| Case ID |
2b6400ff-7218-4285-9f8f-d5ba0dddfa3c |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.858 of 1985 |
| Decision Date |
Jun 14, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's request for leave to appeal against the High Court's dismissal of his Civil Revision. The case involved a suit for possession of a disputed shop, where the petitioner lost on all factual grounds. The High Court did not find any misreading or non-reading of evidence in its decision. The court upheld the respondent's ownership of the land beneath the shop, allowing the petitioner to remove the superstructure. The contention raised by the petitioner's counsel regarding the property description was considered but ultimately found to lack merit. Therefore, the leave to appeal was refused. |
| Summary |
This case revolves around civil procedure and property rights, specifically focusing on the petitioner's appeal against a High Court decision regarding a suit for possession. The Supreme Court examined the evidence presented, emphasizing the importance of factual determinations by lower courts. The ruling highlights the limits of appellate review in civil cases, reinforcing the principle that appeals cannot be used to re-evaluate factual findings unless there is clear evidence of misreading or non-reading of evidence. The case underscores the role of effective legal representation in property disputes and the necessity of presenting compelling evidence to support claims of ownership. The decision also illustrates the Supreme Court's adherence to procedural norms and its deference to the findings of fact established by the High Court. Keywords: Civil Procedure, Property Rights, Supreme Court, Legal Representation, Appellate Review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ARID USMAN ALI SHAH
|
| Lawyers |
Ch. Muhammad Ahmad Bani, Advocate Supreme Court,
S. Nayaat Hussain Shah, Advocate-on-Record
|
| Petitioners |
ABDUL GHANI
|
| Respondents |
MANZOOR AHMAD BUTT
|
| Citations |
1990 SLD 618,
1990 SCMR 441
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
S115,
Art.185(3)
|