Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Revision---Conflicting findings of courts below---Trial Court's had been passed after considering the evidence available on record and hearing both the sides---No misreading and non-reading of evidence as well as misappraisal of the facts and documentary evidence available on record, had come up on the surface in the Trial Court's ---No illegality or material irregularity was committed by the Trial Court---In absence of any legal defect in the Trial Court's findings, no interference should have been made by the appellate court---Appellate court's was arbitrary, fanciful, perverse and patent result of mis-reading and non-reading of complete evidence and other material available on record which was liable to be set aside---Allowing revision, and decree passed by appellate court, were set aside and and decree passed by the Trial Court, were maintained. 2008 SCMR 398 rel. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, J.---- This revision has been preferred against the judgment dated 13.02.2006, passed by the appellate Court in Civil Appeal No.10 of 2003, available at page-305 of the Court file, where findings of the trial Court were reversed. 2. Brief facts of the case are that one Sulleman Shah who died somewhere in 1996 had three wives namely Bibi Wadal Shah, Mst. Amna and Mst. Hakeeman. A registered sale deed was executed in respect of the suit plot, situated in Ward No.5 near Railway Station, Talhar by said Sulleman Shah in favour of his wife Mst. Wadal. The document is attached at page-75, which is a duly registered document executed between Sulleman Shah and Bibi Wadal Shah. 3. While there appears a dispute with regard to actual date of death of Bibi Wadal Shah, notwithstanding thereto, after her death, F.C. Suit No.84/1999, copy of which is available on page-35 of the Court file) was filed by Mst. Hakeeman against the legal heirs of Bibi Wadal Shah claiming that the property registered in the name of Bibi Wadal in fact belonged to her because her husband Sulleman Shah out of love and affection used to call her (i.e. Mst. Hakeeman) as "Bibi Wadal". Though the said suit, a declaration was…

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