| Case ID |
398760bb-8875-4a51-9fa3-f200ea441381 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for leave to Appeal No. 93-P of 199 |
| Decision Date |
Dec 07, 1992 |
| Hearing Date |
|
| Decision |
The petitioner sought leave to appeal against the judgment of the Peshawar High Court dated 5-11-1991 passed in Civil Revision No. 415 of 1988. The relevant facts indicate that the respondents' suit for a declaration that they were entitled to a 1/4th share in the land in dispute was decreed by the learned Civil Judge on 30-6-1987, and the petitioners' appeal against the said decree was dismissed by the learned District Judge on 3-5-1988. The petitioners filed a Civil Revision in the Peshawar High Court, which was dismissed on 5-11-1991. The court found no justification to interfere with the concurrent findings of fact established by three courts below and noted that no law point was involved. Consequently, the petition was dismissed. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision on a civil petition concerning land rights. The petitioner, GHULAM SADIQ, contested a Peshawar High Court ruling that granted Mst. AISHA and others a 1/4th share in a disputed land. The case emphasizes the importance of concurrent findings of fact by lower courts, highlighting the principle that appellate courts should be cautious in overturning such findings unless a substantial legal issue is presented. The Supreme Court ultimately dismissed the petition, reinforcing the lower courts' decisions, and underscoring the significance of established legal precedents in property disputes. This case serves as a critical reference for similar future cases involving land rights and appeals in the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
MUHAMMAD RAFIQ TARAR, J
|
| Lawyers |
Learned counsel
|
| Petitioners |
GHULAM SADIQ
|
| Respondents |
,
Mst. AISHA
|
| Citations |
1994 SLD 909,
1994 SCMR 1775
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|