Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Gift--- ----Gift mutation---Plea of gift mutations being bogus and a result of fraud---Contradictory pleas---Evidence of the plaintiff did not suggest that the mutations were bogus, as admittedly the same were available in the record of the Revenue department---Concerned roznamchas as well as the copies of mutations were brought on the record by the plaintiff himself from the proper custody (of revenue officials) through the statement of the concerned witnesses---Asserting that a mutation was fraudulent as well as bogus was a self-contradictory plea, in circumstances--- If the mutations were bogus, then there should be no record available in the Revenue Records of these mutations---In the present case, impugned mutations duly attested by the Revenue Officer at the relevant time in due course of law were available in the Revenue Records---Regarding the alternative plea that the mutations were fraudulent, a fraud must be committed with respect to the transfer of property by getting the mutations attested---In the present case, there was no evidence on the record that any fraud was committed with the donor for getting the impugned mutations attested---Appeal was allowed and suit filed by plaintiff/appellant challenging gift mutations was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of the High Court---Limited scope---Concurrent findings of law and fact recorded by trial and appellate Courts below---Where two different interpretations were possible of the evidence brought on record, then appraisal of facts of lower courts should not be overturned by the High Court in its revisional jurisdiction under S. 115, C.P.C.---Between two possible interpretations, the one adopted by the trial and appellate Courts should be maintained, keeping in mind the limited scope of revisional jurisdiction. JUDGMENT AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this Civil Appeal filed under Article 185(2) of the Constitution of the Islamic Republic of Pakistan, 1973, the judgment passed by the learned Peshawar High Court dated 06.06.2014 in Civil Revision No.820-P of 2013, has been challenged. 2. We have heard the learned counsel for the…

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