Law:

Section:

(a) Civil Procedure Code (V of 1908)- -- Ss. 100 & 115-Finding on issue of fact in second appeal, held, can be impugned only if illegality in form of gross misreading of record or omission to consider material evidence on record is established. (b) Civil Procedure Code (V of 1908)- Ss. 100 & 115-Revision-Issue of fact-Appreciation of evidence in one form or other by courts below on issue of fact specially when findings are concurrent not open to challenge in second appeal much less in a revision.-[Finding of fact]. (c) Civil Procedure Code (V of 1908)- S. 115-Loans for Agricultural Purposes Act (XLII of 1973), S. 4, subsections (4), (5) & (6)-Land, ownership of-Petitioners bringing on record mutation of sale, record of rights and testimony of one of petitioners appearing as a witness-Mutation of sale cancelled property having been mortgaged with Agricultural Development Bank at time of sale in due process which was challenged by petitioner in appeal or revision before revenue heirarchy nor in suit out of which revision arising-Testimony of witness also highly discrepant-Veracity and correctness of mutation of sale, held, stood affected. Chief Land Commissioner and another v. Maula Dad and others 1978 S C M R 264 rel. (d) Transfer of Property Act (IV of 1882)- S. 54-Oral sale of property-Onus lying heavily on petitioner to prove validity of sale for consideration-Quantum of consideration different in mutation and in plaint as well as in oral statement on oath-Contradictions given weight and sale, held, not valid in circumstances. (e) Transfer of Property Act (IV of 1882)- S. 54-Sale of property-Cancellation of mutation of sale-Contradiction brought out in cross-examination of witness regarding mutation, quantum of consideration, complete ignorance of petitioner about mortgage of property in dispute and failure to take steps to have property redeemed on payment of mortgage money to establish bona fide title in property and sleeping over matter for a long time, held, lend support to finding that no valid sale took place in favour of petitioner. (f) Transfer of Property Act (IV of 1882)- S. 54-Revision-Sale of property in favour of petitioner-Certain…

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