Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, R.31---Judgment---Points for determination---Scope---Courts were required to record issue-wise findings in order to ensure that substantial justice had been done and no prejudice had been caused to the parties---Appellate Court, in the present case, neither recorded issue-wise findings nor set out points for determination---Trial Court and Appellate Court were bound to consider and discuss the evidence of both the parties---Impugned passed by the Appellate Court had been recorded in a mechanical manner without discussing the material on record in detail---Revision was accepted and impugned and decree passed by the Appellate Court were set aside and case was remanded for re-writing the in accordance with law. 2002 CLC 427; 1991 CLC 1499 and 1992 CLC 435 rel. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.--- Through this single judgment, I propose to dispose of the instant Civil Revision No.415 of 2008 as well as the connected Civil Revision No.413 of 2008 as common question of law and facts is involved in both these petitions. 2. Brief facts of the instant revision petition are that Muhammad Usman and others, plaintiffs/respondents filed suit against Gul Zaman, petitioner/defendant for the recovery of monthly rent/khakshora and his eviction from a house measuring 2-kanal, 6-marla situated in khasra No.423, khata No.11 according to Fard Jamabandi for the year, 1991-1992 situated at Mauza Jhungara Tehsil and District, Mardan. A prayer for possession of the suit house has also been made as a consequential relief. The plaintiffs/respondents also filed another suit against one Aziz Khan, petitioner/defendant in the connected revision petition for the recovery of monthly rent/khakshora and his eviction from a house measuring 12-marla situated in Khasra No.403 Khata No.66/204 according to Fard Jamabandi for the year, 1991-92 situated at Mauza Jhungara Tehsil and District, Mardan. A prayer for possession of the house in dispute has also been made a consequential relief. Both the suits were resisted by the petitioner/defendant of both the revision petitions by filing their written statements. The trial court after framing issues in…

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