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1994 SCMR 1791

ABDUL GHANI through L.Rs, and 5 others vs KHALID and 17 others

Citation1994 SCMR 1791
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 742-L of 1992 Civil Revision No, 1689-D
Date1993-12-13
Judge(s)Muhammad Rafique Tarar, Manzoor Hussain Sial, Saad Saood Jan
ResultLeave refus

ORDER

1. ' SAAD SAOOD JAN, J.---Two questions of fact need consideration before us. These questions are:

(1) If Dost Muhammad Khan had executed a power of attorney in favour of Abdul Hameed; and,

(2) Whether Dost Muhammad had during the pendency of the suit sold the land to Munawar Khan, brother of the aforementioned Abdul Hameed.

2. The trial Court and the first appellate Court after appraising the evidence on the record concurrently decided both the questions in the negative, holding that Dost Muhammad was an old man, mentally infirm and mentally not in a position to enter into the transactions in question. The High Court in the revisional jurisdiction did not find any basis for interfering with the concurrent fmdings of the subordinate Courts. We are not persuaded that any case for interference with the said findings by this Court has been made out. Leave to appeal is refused. e

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