| Case ID |
8fca706f-3d62-4004-9187-181c355be5d9 |
| Body |
View case body. Login to View |
| 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)
|