In Brief
This partition suit involved a dispute over the estate of Mohiyuddin Pasha. The trial court granted shares to some plaintiffs, but the First Appellate Court reversed this entirely, dismissing all claims. The High Court reinstated the trial court's judgment on remand, finding that the First Appellate Court had ignored substantial oral and documentary evidence—including witnesses, birth certificates, and school records—and based its conclusions on mere conjecture. The Supreme Court upheld the High Court, holding that when a lower appellate court's findings rest on conjecture and ignore proper evidence, such perversity raises a substantial legal question justifying correction. The Court also clarified that in partition suits, non-appealing plaintiffs can obtain relief through appealing defendants. Appeal dismissed.
The lawyer headnote and full judgment text are available to registered users.