Law: Civil Procedure Code (V of 1908)

Section: 100,103

Civil Procedure Code (V of 1908)--- ----Ss. 100 & 103---Second appeal---Power of High Court---Scope---Principle that concurrent findings of fact could not be disturbed in second appeal, though was an approved principle of law, and was also in line with scope of S.100, C.P.C., but when evidence brought on the record was misread or a document was erroneously interpreted, it would become a question of law and the court could interfere in such circumstances, even in second appeal---Section 103, C.P.C., had further made a room for the purpose; as under said section it was obligatory for the High Court to decide the controversy itself when specific evidence was on record. Muhammad Saeed Segal v. Qazi Khurshid Hassan, Proprietor, India Film Bureau PLD 1964 SC 598; Ansar Ali and others v. Muhammad Ismail Miaji represented by Mahabbat Ali and others 1968 SCMR 302; Allah Bakhsh and another v. Muhammad Ishaque and another PLD 1984 SC 47; Messrs United Cotton Factory, Hyderabad v. Ahmad Khan PLD 1960 (W.P.) Kar. 774; Prof. A, Hameed Kausar v. The State and others PLD 1979 Lah. 727; Messrs Universal Brushes Ltd. v. The Superintendent Central Excise and Land Customs and 2 others PLD 1985 Kar. 132; National Bank of Pakistan v. Alam Industries Ltd. Karachi and 5 others PLD 1992 Kar. 295; Inhabitants of Singola through Muhammad Haneef and another v. Azad Government and 22 others 2001 YLR 3190 ref. 1980 CLC 789 and PLD 1975 SC 311 rel. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, C.J.--- This appeal is filed against the judgment and decree passed by the learned District Judge Rawalakot on 4-9-2003, whereby the judgment and decree passed by the learned Sub Judge Rawalakot on 31-3-1988 has been maintained. Facts necessary for the purpose of decision of the case are that a sale-deed was executed on 11-4-1977 in respect of land comprising khasara No. 216 min measuring 1 kanal 1 marla, Khasara No. 467 measuring 1 kanal 19 marla, khasara No. 583 measuring 4 kanal 1 marla, khasara No. 580 measuring 9 kanal 6 marla, khasara No. 467 measuring 1 kanal 19 marla in all measuring 18 kanal 6 marlas situated in village Binakha Tehsil Rawalakot by Ghulam Haider, Mir Haider sons of…

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