MST. EDAN BIBI vs NASEEM KHAN — 2026 SCMR 499 SUPREME-COURT

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MST. EDAN BIBI VS NASEEM KHAN. Sections 8, 42 & 54---Specific Relief Act, 1877---Suit for declaration, injunction and possession---Concurrent findings of two Courts below---Scope---Wrong appreciation of evidence by Courts below alleged. The petitioner filed a civil suit seeking declaration, injunction and possession, claiming ownership of certain properties transferred to her by her husband on the basis of a gift deed. The Trial Court decreed the suit. However, the Appellate Court partly allowed the appeal inasmuch as the transfer of the house to the petitioner in lieu of dower was upheld, whereas the judgment regarding the gift deed and challenge to inheritance mutation was set aside. The Revisional Court concurred with the findings of the Appellate Court. The petitioner thereafter filed the present petition for leave to appeal before the Supreme Court on the ground that the First Appellate Court and Revisional Court had wrongly appreciated the evidence available on record. Held: The Appellate Court discussed the depositions of all witnesses minutely and formed a view which had a dominant consequence as far as appreciation of evidence by the Trial Court was concerned and which was maintained by the Revisional Court. The Revisional Court, though not mandated to re-appraise the evidence, did not alter the findings and therefore the concurrent findings of the First Appellate Court and Revisional Court were before the Supreme Court. The Appellate Court and Revisional Court had discussed the incompleteness of the gift transaction owing to lack of offer, acceptance and delivery of possession in respect of the alleged gift. The petitioner was unable to point out as to which part of the evidence was misread or ignored and had it been read, the impugned judgments would not have been passed or the view formed by the Courts below could have been different. Since the petitioner failed to point out any illegality or irregularity in the impugned judgment and also failed to identify any evidence which was ignored or misread, the Supreme Court could not interfere in the concurrent findings of the two Courts below. The petition having no merit was dismissed and leave was refused, in circumstances.

MST. EDAN BIBI vs NASEEM KHAN — 2026 SCMR 499 SUPREME-COURT

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