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Petitioner: MD. ALTAFAR RAHMAN VS Respondent: TAMIJUR RAHMAN AND Other
Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Mujibur Rahman Khan Title: MD. ALTAFAR RAHMAN vs TAMIJUR RAHMAN AND Other Case No.:Civil Petition for Special Leave to Appeal No. 93-D of 1969 Appeal from
Appellate Decree No. 996 of 1964 Date of Judgment:1969-12-09 Reported As: 1970 SCMR 327 Result: Leave granted Judgment ORDER M. R. KHAN, J.-The petitioner was the defendant in a suit brought by the respondents herein. The suit was one for setting aside a kobala on the ground that it was obtained from one Ashraf Jan by fraud and without payment of any consideration. The plaintiffs claimed through the said Ashraf Jan. The suit was contested by the petitioner denying the plaintiffs' allegation. The trial Court decreed the suit declaring the defendant's kobala obtained from Ashraf Jan to be a fraudulent and an illegal document. On the defendant's appeal, the trial Court's decree was set aside and the suit was dismissed. The plaintiffs preferred a second appeal to the High Court of East Pakistan. A learned Single Judge of that Court allowed the second appeal, set aside the decree of the first appellate Court and restored the decree of the trial Court. The petitioner now seeks special leave to appeal from the judgment of the High Court passed in the second appeal. Mr. Khondkar Mahbubuddin Ahmad, learned counsel submits that in dealing with the second appeal the High Court exceeded its jurisdiction and dealt with the evidence as if it were acting as a Court of fact. The further contention of the learned counsel is that the judgment of the High Court was not a proper judgment of reversal as the learned Single Judge misread the evidence. The last contention of the learned counsel is that if there was at all any defect in the judg--ment of the first appellate Court, the proper course for the High Court was to remand the case to that Court for re-- hearing of the first appeal according to law. The points raised merit consideration. Leave is, accordingly, granted to consider the same. Security shall be in the sum of Rs. 1,000.