Law:

Section:

(a) Evidence Act (I of 1872)--- S. 115-Estoppel-Fraud vitiates most solemn transactions ­Contention that principle of estoppel would not be supervened by principle of vitiation by fraud-Held, not in accordance with law.­[Estoppel]. (b) Civil Procedure Code (V of 1908)- -- S. 115-Revision-Application of S. 115(c)-Mere fact that findings of Courts below may be wrong on a point of fact or on a point of law unrelatable to exercise of jurisdiction -Held, would not bring case within four corners of S. 115. Amir Hasan Khan v. Sheo Baksh Singh 11 I A 237 and Balakrishna Vdayar v. Vasudeva Aiyar A I R 1917 P C 71 ref. Syed Sajjad Raza Jaffery, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 28th June, 1980. ORDER MUSHTAQ HUSSAIN, J.-Pathana and Aliya two brothers came to Pakistan as refugees. They filed a claim for land in lieu of that which was abandoned by that in India. Aliya died after some time and on 5-9-1959 Mutation No. 20 was sanctioned in favour of his brother Pathana in respect of his entitlement. Muhammad Bakhsh who was Lambardar in the village claimed that Pathana had executed a power-of-attorney in his favour. He got the claim of Aliya transferred to village Soeraj Ganj on the basis of this power-of-attorney where be obtained the allotment of 71 Kanals of land on that basis. This area was ultimately reduced to 55 Kanals and is the land in dispute. 2. It is said that this Lambardar on the basis of the same power-of­ attorney bad the same land transferred in favour of his brother and nephew surreptitiously and did not pay any consideration to Pakistan. This Mutation was No. 173 and was sanctioned on 17-3-1966. The beneficiaries were the present petitioners. 3. A suit was filed by Muhammad Ali, Ahmed Din, Sajwara, Abdus Sattar, Hussain, Mst. Bibi Sain, Mst. Ilahi Sain, Mst. Zohra and Mst. Noor Bakhsh successors of Fattu another brother of Bahadur father of Pathana. The plaintiffs other than Muhammad Ali, Ahmed Din and Sajwara entered into a compromise with the petitioners and, therefore, the suit was continued only by the respondents Nos. 1, 2 and 3. 4. The present petitioners contested the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492