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Civil Petition for Special Leave to Appeal No. 28‑P of 1968, decided on 22nd November 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 11th April 1918, in Regular Second Appeal No. 387 of 1964).
S. 100‑Concurrent finding of fact by Courts below whether, in circumstances, rightly set aside by High Court‑Special Leave to Appeal granted by Supreme Court to consider question.
Mian Muhammad Younis Shah, Advocate Supreme Court instructed by Qasim Imam Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 22nd October 1968.
The petitioner instituted a suit for a declaration that lie and his Two sisters (Respondents Nos. 9 and 10) are owners in possession of 3 Kanals 10 Marlas of land as heirs of Mahboob Shah and Muhammad Shah, respondent No. 1 did not acquire any title in respect of 81, Marlas of the said land by virtue of a deed of exchange dated 8‑12‑1962 between him and Hikmat Shah, a son of Mubarik Shah, brother of Mahboob Shah.
One of the issues framed in the suit was whether Muhammad Shah "is transferree in good faith without notice for valuable consideration from an ostensible owner, if so, to what effect" This issue was decided in favour of the plaintiff and the suit was decreed by the Trial Court and the first appellate Court affirmed the decree.
A learned Single Judge in the High Court reversed the decree on the finding that Muhammad Shah was a bona fide purchaser for value and dismissed the suit.
(a) that as the transfer by Hikmat Shah in favour of respon dent No. 1 was in respect of a portion of the suit property the whole suit could not be dismissed;
(b) that the concurrent finding of fact of die Trial Court and of the first appellate Court in regard whether respondent No.1 was a bona fide purchaser for value could not be set aside in Second Appeal.
The contentions merit consideration. Leave is granted. Security in the sum of Rs. 1,000.
Leave granted.
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