Case Details

Citation(s)
1984 SLG 848 1984 SLD 848 1984 SCMR 1245
Supreme Court of Pakistan
Civil Petition No. 1201 of 1981, decision dated: 15-04-1984 (Against the judgment and order of the High Court Lahore dated 12-12-1981 in C . R . No.1589 / D of 1981)
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ

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SHER ALI

VS

. Mst. KALSOOM BEGUM and others--Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S.115--Question agitated in all Courts below found to be primarily a question of fact-­Trial Court as well as first appellate Court discussing entire evidence and recording finding of fact--No case of misreading of evidence or misapplication of law which could be interfered with in revisional powers of High Court or further examined in Supreme Court--Leave to appeal refused. Ch. Ghulam Mujtaba, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 15th April, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner, an unsuccessful defen­dant, seeks leave to appeal against the judgment of the Lahore High Court, dated 12-12-1981 whereby a revision petition filed by him challeng­ing the concurrent finding of fact recorded by the two subordinate Courts, was dismissed. In the year 1969, the petitioner was employed in the Jail Depart­ment and was posted in Faisalabad. He had obtained on rent a quarter attached to a bungalow owned and occupied by Mst. Kalsoom Begum a widow, the plaintiff-respondent. On 3rd of June, 1969 a sale-deed was said to have been executed and got registered by the respondent No. 1 whereby she was shown to have sold the said quarter to the petitioner for a sum of Rs.2,000. On 3rd of September, 1970 she instituted a Civil suit challenging the sale on the ground that she had not executed the sale-deed, that it was fraudulent, invalid, illegal and without consideration and ineffective on her rights. The suit was contested; a number of issues were framed and on the material issue, the trial Court held that the sale-deed was not executed by the plaintiff ­respondent; that it was fraudulent and without consideration. On appeal, the District Judge re-examined the entire evidence and held as follows:- "All the facts and circumstances brought on the record prove beyond doubt that the sale was without consideration and the signatures of respondent No.l were obtained on Exh.P.4 by misrepresentation of facts and he actually did not sell the property. The finding of lower Court on issue No.6 is correct and it is maintained." The revision filed by the petitioner was…
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