1987 PLP 301 (SCMR)

‑‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑Reappraisal of evidence‑ Concurrent findings of fact‑‑Where three Courts had concurrently given finding on an issue of fact, Supreme Court declined to reappraise evidence. Ch. Khalil‑ur‑Rehman, Advocate Supreme Court instructed by Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioners. Masood Zakeriya, Advocate Supreme Court instructed by Walayat Umar Chaudhary, Advocate‑on‑Record for Respondents. Date of hearing: 9th December; 1986. SAAD SAOOD JAN, J.‑‑These are two petitions for special leave to appeal which arise out of a suit for partition of a property consisting of residential accommodation and shops situate in Main Bazar of Mozang Lahore. It was owned by Mst. Zainab Bibi who died in November 1963. She was survived by her son, respondent No.1, and a daughter, Mst. Sardar Begum. In February 1965 Mst. Sardar Begum also died leaving behind petitioners Nos. 2 to 8 and respondents Nos. 3 to 6 as her heirs. On 18‑10‑1965 respondent No.1 instituted a suit against the heirs of Mst. Sardar 13egum who were in possession of the property for 2/3rd share therein through partition and for rendition of accounts of mesne profits. The main defence of the heirs of Mst. Sardar Begum was that Mst. Zainab . Bibi owed a debt of Rs.17,901.14 to petitioner No.1, who was the husband of Mst. Sardar Begum and that this debt was a charge on the property in dispute. To prove this debt the heirs of Mst. Sardar Begum relied upon the testimony of petitioner No.1 and the admission in a will allegedly executed by Mst. Zainab Bibi. The trial Court disbelieved the testimony of petitioner No.1 and declared the will to be a dubious document. Accordingly, by its judgment, dated 22‑6‑1970 it passed a preliminary decree in favour of respondent No.1. It, however, did not give any direction with regard to the rendition of accounts. From the order of the learned trial Court the heirs of Mst. Sardar Begum as well as respondent No.1 preferred separate appeals. The learned Additional District Judge affirmed the findings of the trial Court and dismissed the appeal of the heirs of Mst. Sardar Begum. He accepted the appeal of respondent No.1 and directed rendition of accounts in respect of the mesne profits of the property.

2. The heirs of Mst. Sardar Begum filed two separate appeals in the High Court. A learned Single Judge in the High Court re‑examined the evidence and affirmed the findings of the Courts below. Accordingly he dismissed the appeals.

3. Some of the heirs of Mst. Sardar Begum seek leave to appeal from the judgment and decree of the High Court. The arguments raised in support of these petitions relate to re‑appraisal of the evidence. After three Courts have concurrently held as a matter of fact that the will allegedly attributed to Mst. Zainab Bibi was not a genuine document and the debt allegedly owed by her was not established, we are not prepared to undertake this exercise. On behalf of respondent No. 1 the claim for rendition of accounts has been given up before us. In the circumstances we convert these petitions into appeals and set aside the direction with regard to rendition of accounts. So far as the preliminary decree for possession through partition of the property is concerned the appeals are dismissed. There will be no order as to costs. M. I. Order accordingly.