1989 PLP 1378 (SCMR)
Mst. ZAINAB BIBI and others Petitioners Versus Mst. RESHAM BIBI and others Respondents
| Citation | 1989 PLP 1378 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Allah and Javid Iqbal, JJ |
| Parties | Mst. ZAINAB BIBI and others Petitioners Versus Mst. RESHAM BIBI and others Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 1378 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1378 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Allah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1378 (SCMR) (Mst. ZAINAB BIBI and others Petitioners Versus Mst. RESHAM BIBI and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Iqbal Haider, Advocate Supreme Court and Sh. Masood Akhtar, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th August, 1988.
Headnotes / Summary
(On appeal from the judgment and order dated 12‑12‑1982 of the Lahore High Court, Lahore, in R.SA. No.604 of 1972). ‑‑‑Art.185(3)‑‑Inheritance‑‑Controversy was whether the lady was widow of deceased‑‑Courts below had rendered concurrent findings of fact on the issue against the petitioners‑‑Petitioners contended that such findings were liable to be set aside on ground of misreading and consequential wrong appreciation of evidence‑‑Supreme Court, after hearing the petitioners did not consider case fit for grant of leave.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition for leave to appeal is by a plaintiffs's side in a civil suit regarding inheritance, which was dismissed. Their first appeal was also dismissed. The regular second appeal filed before the High Court having met the same fate, the petitioners have now sought leave to appeal. The counsel for the petitioners stated that the real controversy in the case is whether Mst. Resham Bibi, respondent No.l, was the widow of Talib Hussain or not. He further stated that although the learned Courts below have rendered concurrent findings of fact on the said issue against the petitioners, the same are liable to be set aside on ground of misreading and consequential wrong appreciation of evidence. He has advanced some supporting arguments in this behalf. During the arguments, the learned counsel informed us that some of the petitioners have entered into an agreement with the respondents' side. He has also placed on record some documents regarding developments subsequent to the filing of the petition. It appears that some of the petitioners do not want to press this petition, but the same cannot be said about the others. In the peculiar circumstances of the case, however, after hearing the learned counsel on merits, we do not consider it a fit case for grant of leave to appeal on the question of findings of fact. This petition thus is disposed of accordingly. M.BA./Z‑59/S Petition dismissed.