2026 SCMR 1132 SUPREME-COURT

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MOHAMMAD ZIAFAT VS TARIQ NAWAZ KHAN TAREEN S.13---Constitution of Pakistan, Art.185(3)---Ejectment of tenant---Concurrent findings of facts by two Courts below---Interference---Petitioner / tenant was aggrieved of eviction order passed against him by Lower Appellate Court and maintained by High Court in exercise of constitutional jurisdiction---Validity---It is not within the domain or function of Appellate Court and / or High Court in Constitutional jurisdiction to re-weigh or re-interpret evidence but they can examine whether judgment or order attains benchmark of an unflawed judgment and whether it is inconsonance with law and evidence and free from unjust and unfair errors apparent on the face of record---Petitioner / tenant failed to point out any lawful justification for interference in concurrent findings recorded by Lower Appellate Court and affirmed by High Court which were in accordance with law---All relevant factors and grounds raised were properly considered and answered by High Court---Supreme Court can not go behind concurrent findings of facts unless it is shown that such findings on their face are against evidence or so patently improbable or perverse that to accept it could amount to perpetuating a grave miscarriage of justice or if there had been any misapplication of principle relating to appreciation of evidence, or finally if findings could be demonstrated to be physically impossible or against the law---Supreme Court declined to interfere in judgments passed by Lower Appellate Court and High Court---Petition for leave to appeal was dismissed and leave was refused.