| Citation(s) |
|---|
| 2014 SLG 1701 2014 SLD 1701 2014 CLC 864 |
Peshawar High Court
Civil Revision No.187-B of 2013, decision dated: 21st October, 2013.
SYED AFSAR SHAH, J
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Civil Revision No.187-B of 2013, decision dated: 21st October, 2013.
SYED AFSAR SHAH, J
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GULDAR SHAH
VS
MOHABAT SHAH
Law:
Section:
`(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Talb-i-Muwathibat, performance of---Talb-i-Muwathibat being question of fact required proof through convincing evidence---Informer had failed to prove that he had got information with regard to suit mutation in the hotel where he was taking tea---Informer was having knowledge of transaction earlier and he conveyed the same to his father earlier than the date alleged in the plaint---Conduct of pre-emptor and informer who was his son was not above board with regard to knowledge of suit transaction---Trial Court had exercised jurisdiction properly which was upheld by the Appellate Court---High Court would not interfere in the concurrent findings unless and until discretion was exercised arbitrarily---Courts below had properly discussed the evidence on record---No misreading or non-reading of evidence or defect was pointed out by the plaintiff---Revision was dismissed in circumstances. Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431 and Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---High Court had limited jurisdiction to interfere with the concurrent findings of courts below unless and until same were the result of misreading or non-reading of evidence. Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431 and Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5 rel. Hidayat Ullah Khattak for Petitioners. ORDER SYED AFSAR SHAH, J.--- This civil revision is directed against the judgment dated 23-10-2012 passed by learned Additional District Judge-I, Karak, whereby the appeal filed against the judgment dated 8-6-2011 recorded by learned Senior Civil Judge, Karak was dismissed. 2. Facts relevant for the disposal of present revision in brief are as under:--- It so happened that on the basis of Mutation No.2647 dated 2-12-2008 land measuring 2 Kanals, 10 Marlas bearing Khasra Nos.268, 270, 272 and 561 situated in the local limits of Mauza Kabir Kala, was purchased by Mohabat Shah for an ostensible amount of Rs.1,25,000. The sale was…
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