Legal Case Summary

Case Details
Case ID 8fca706f-3d62-4004-9187-181c355be5d9
Body View case body.
Case Number Civil Petition for Leave to Appeal No. 571-L of 19
Decision Date Nov 20, 1993
Hearing Date
Decision The Supreme Court of Pakistan refused the leave to appeal, affirming the findings of the lower courts. The petitioners contested the dismissal of their appeal, arguing that the evidence had been misread or misappreciated. However, the court found that the trial court had properly considered the evidence, including the testimony of defense witnesses, and concluded that the power of attorney in question was forged. The court emphasized that concurrent findings of fact by lower courts should not be disturbed unless based on extraneous considerations. The decision reinforced the principle that findings supported by evidence on record cannot be challenged solely on the grounds of misappreciation.
Summary In the case of Civil Petition for Leave to Appeal No. 571-L of 1993, the Supreme Court of Pakistan dealt with issues surrounding the validity of a power of attorney and ownership of property. The petitioner, Muhammad Rauf and others, sought to appeal the dismissal of their second appeal by the High Court regarding a suit filed by Muhammad Abbas. The respondent claimed that the power of attorney was forged, and that he remained the rightful owner of the disputed property. The trial court upheld the respondent's claims after evaluating the evidence, leading to the dismissal of the petitioners' appeals in subsequent courts. The Supreme Court ultimately refused the leave to appeal, reinforcing the importance of evidentiary support in judicial findings and the reluctance to interfere with concurrent factual determinations made by lower courts. The case highlights the legal principles governing the interpretation of power of attorney documents and the evidentiary burdens in property disputes.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SHAFIUR RAHMAN, SALEEM AKHTAR
Lawyers SALEEM AKHTAR
Petitioners 10 others, MUHAMMAD RAUF
Respondents others, MUHAMMAD ABBAS
Citations 1994 SLD 705, 1994 SCMR 973
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 185(3)