| Citation(s) |
|---|
| 2014 SLG 690 2014 SLD 690 2014 MLD 1672 |
Peshawar High Court
Civ. Rev. No. 216-P of 2013, decision Dated: 20-05-2013.
SHAH, JEHAN KHAN AKHUNDZADA, JUSTICE
Mohib Jan for Petitioner.
Civ. Rev. No. 216-P of 2013, decision Dated: 20-05-2013.
SHAH, JEHAN KHAN AKHUNDZADA, JUSTICE
Mohib Jan for Petitioner.
SAMIN BIBI
VS
MUSLIM KHAN AND OTHERS
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----Ss.8, 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Suit for recovery of possession of immovable property, declaration and permanent injunction---Concurrent findings of fact by two courts below---Parties were legal heirs of deceased owner of suit property but plaintiff assailed Tamleek mutation attested in favour of defendant---Validity---Defence witness stated that he was marginal witness of Tamleek mutation and had correctly thumb impressed the same---Defence witness also deposed that other marginal witness of mutation had also correctly thumb impressed the same and at the time of attestation of mutation in question, the owners were also present and had correctly signed the same---Plaintiff failed to establish her claim by way of producing cogent, confidence inspiring and conclusive evidence---Trial Court as well as Lower Appellate Court passed well-reasoned s and decrees after proper appraisal of evidence on file and the same was not tainted with any illegality or material irregularity or jurisdictional error to warrant interference by High Court in its revisional jurisdiction---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction of High Court---Concurrent findings of fact by courts below---Scope---High Court while examining concurrent findings of fact recorded by courts below, in exercise of its revisional jurisdiction under S. 115 C.P.C., has to attend reasons given by courts below in support of such findings and misreading, non-reading or perverse appreciation of evidence has to be discovered in reasoning of courts below to justify interference in exercise of its revisional jurisdiction. THIS ORDER PASSED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSITCE:---.---, Mst.Samin Bibi has impugned the concurrent findings of the two Courts below whereby the appeal filed by her, against the judgment and decree dated 10-11-2012 of Civil Judge-V, Charsadda was dismissed by the learned Addl. District Judge-I, Charsadda vide judgment and decree dated 26-1-2013. 2. Brief facts of the case are that Mst.Samin Bibi, petitioner/plaintiff filed a suit for…
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