Law:

Section:

Constitution of Pakistan (1973)-----Art. 185 (3)--Civil Procedure Code (V of 1908), S.115--Revisional jurisdiction--Suit for possession--Respondent claiming to be lawful owner of land by purchase under registered sale-deed--Suit decreed against petitioner--Decree set aside in appeal but restored in Revision--Order impugned--Petitioners pleas that High Court had exceeded its jurisdiction by interfering with a question of fact; had misread evidence; petitioners title to disputed land had matured by adverse possession and that respondent was estoppels to file suit, not sustained from evidence on record--Petition being devoid of force, dismissed. ORDER MIAN BURHANUDDIN KHAN, J.--This petition is directed against the judgment and order of the Peshawar High Court, dated 12-2-1986 passed in Civil Revision No.137 of 1980. Points raised in this petition are that the impugned decree and judgment of the learned High Court exceeds the jurisdiction vested in it by interfering with a question of fact; miss-reading of evidence and that respondent No.1 is estoppels to have brought the suit, and, in the alternative, that the petitioner had matured his title to the disputed land by adverse possession. 2. Facts necessary for the disposal of this petition are that Suleman respondent No.1 had instituted a suit for possession of the disputed land alleging therein that Sardar Faqir Hussain respondent No.2 was the original owner of the suit land who had sold it to him on the basis of a registered sale-deed for a consideration of Rs.4,000 and simultaneously the vendor delivered possession of the land and mutation was attested thereafter. It was also mentioned in the plaint that a suit for rendition of account was filed by the respondent in a revenue Court in respect of the same land which was stayed for establishing title over the suit land. The learned trial Court, after framing about 10 issues, decreed the suit of the plaintiff /respondent No.1 against the petitioner per order, dated 26-9-1978. Petitioner filed an appeal which was accepted by the learned Additional District Judge and set aside the judgment and decree of learned trial Court, per order, dated 11-2-1980. Thereafter…

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