Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Transfer of Property Act (IV of 1882)

Section:

P L D 1995 Peshawar 37 Civil Revision No.10 of 1991, decided on 6th October, 1994. Civil Procedure Code (V of 1908) ----S.115---Revisional jurisdiction---High Court has jurisdiction to satisfy itself as to whether or not finding of First Appellate Court were based on misreading or non-reading of evidence. Maqsood Ahmad and another v. Muhammad Aslam Muhammad Yusuf PLD 1966 (W:P.) Pesh. 151 and Muhammad Bakhsh and 4 others v. Province of Punjab through District Collector, Multan 1994 SCMR 1836 ref. Transfer of Property Act (IV of 1882)--- ----Ss.54 & 118---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Transaction whether sole or exchange---Proof---Mutation of sale was challenged by plaintiff on the ground that she had entered into transaction of exchange and not that of sale and that mutation of sale was got entered and sanctioned without her knowledge and consent---Plaintiff's thumb-impression, as identified by her son and Lambardar of the village were borne on the mutation in question, but neither she nor her son nor Lambardar appeared, in witness-box to controvert factum of sale and to support assertions in plaint---Presumption would be that had plaintiff, her son and Lambardar appeared as witnesses, they would not have supported case of plaintiff ---Factum of sale was proved in circumstances. Pardahnashin lady--- ---- Transaction of sale denied by Pardahnashin lady---Quantum of proof-- Plaintiff, although a Pardahnashin lady had actively participated in sale transaction and had also thumb-impressed mutation of sale in presence of her son who had signed the same in English alongwith Lambardar of the village-- Plaintiff, by her such participation, therefore, did not suffer from any handicap---Plaintiff was required to prove her case and to have established fraud or collusion as alleged by her in plaint with regard to transaction of sale but she failed to prove the same---Transaction of sale could not be controverted on basis of evidence on record.   Syed Mahboob Shah for Respondent Date of hearing: 6th October, 1994. JUDGMENT By this revision petition the petitioners (defendants) Ghulam Qadir and Sultan have challenged the vires and validity of the…