Law:

Section:

Civil Procedure Code (V of 1908)----S.115--Constitution of Pakistan (1973), Art. 185(3)--Revisional jurisdiction, exercise of--Suit for declaration and permanent injunction decreed by Trial Court--Decision reversed in appeal and High Court declined to interfere in revision--Finding of District Judge based on sufficient evidence on record and not suffering from any infirmity--High Court, held, had very properly declined to interfere with them--Leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.--The petitioner in this petition for special leave to appeal is the father of the respondents. When the mother of the respondents died he had no male issue. On 9-7-1974 a mutation was attested by the local revenue officer whereby the petitioner was alleged to have gifted about a square of land situate in Chak No. 135/M in Tehsil Chistian in favour of three of his daughters. Later, he married again and from the second wife he has a number of children. On 18-7-1977 he instituted a suit for a declaration that he had never made any gift in favour of his daughters and that the mutation had been attested fraudulently. He also sought permanent injunction to restrain his daughters from interfering with his rights of ownership in the land. The suit was decreed by the trial Court. However, on appeal by the daughters the Additional District Judge held that the gift in fact had been made by the petitioner and that he had perfected it by transfer of…

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