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1982 SCMR 284

MUHAMMAD SIDDIQUE AND Another vs NASEER AHMAD

Citation1982 SCMR 284
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 448 of 1977
Date1980-11-28
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 31-5-1977 in R. S. A. No. 382 of 1977. The High Court dismissed the second appeal of the petitioners on the ground that the matter was "concluded by a finding of fact".

2. It is not disputed that the question in dispute was whether mutation of sale relied upon by the petitioners was genuine or fictitious. The learned trial Court held that this was a forged and fictitious-document after discussing the evidence at length. The finding was upheld by the learned District Judge, Vehari. After adverting to the relevant evidence, the matter in dispute was clearly one of fact and the finding recorded thereon by the trial Court and confirmed by the District Judge, was final. The High Court, has, therefore, rightly dismissed the second appeal on the ground the matter was concluded by a finding of fact. Such a finding cannot be interfered with in the present proceedings.

3. This petition, therefore, fails and is dismissed hereby.

Cited by 2 cases

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