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Rana MUHAMMAD YAMEEN vs MUHAMMAD JAMIL Ss — 2025 SCMR 860 SUPREME-COURT

Case information

Citation
2025 SCMR 860 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
Rana MUHAMMAD YAMEEN vs MUHAMMAD JAMIL Ss
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Rana MUHAMMAD YAMEEN VS MUHAMMAD JAMIL Ss. 42 & 54---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Revisional jurisdiction of High Court, exercise of---Principle---Suit filed by respondents/plaintiffs was dismissed by Trial Court and Lower Appellate Court on the ground that they could not prove their relationship with deceased allottee of suit property---High Court in exercise of revisional jurisdiction set aside concurrent findings of facts by two Courts below---Validity---Respondents/plaintiffs could not establish and prove their relationship with allottee of suit land by leading confidence inspiring, trustworthy and independent evidence---Suit filed by respondents/plaintiffs was rightly dismissed by Trial Court as well as Lower Appellate Court and High Court had wrongly evaluated evidence on record while setting aside concurrent judgments and decrees passed by the Courts below---High Court had ample powers to undo and disturb concurrent findings of Trial Court and Lower Appellate Court in exercise of revisional jurisdiction under section 115, C.P.C. but if the same were found to be based on any illegality or irregularity and wrong exercise of jurisdiction---No such occasion was available with High Court; therefore, when position was as such, concurrent findings of two Courts on facts should not have been interfered with---Supreme Court set aside judgment and decree passed by High Court and restored those of Trial Court and Lower Appellate Court---Appeal was allowed.

Other judgments reported in 2025 SCMR

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