Law: Civil Procedure Code (V of 1908)

Section: 115,O.XIV,Rr.1,3

[Civil Procedure Code (V of 1908)]........S 115--Revisional jurisdiction--Concurrent findings of facts--High Court, in exercise of its revisional jurisdiction, does not, ordinarily interfere with concurrent findings of Courts below with regard to questions of facts--Court's below found to have discussed evidence and questions of facts and law involved in case at length and giving cogent reasons for dismissing suit and appeal of applicant--No reason found for interference with such concurrent findings--Revision application dismissed. Kanwal Nain v. Fateh Khan P L D 1983 S C 53 ref. (b) Muhammadan Law-- ----Gift--Oral gift--Pre requisites for validity. Mir Haji Ali Ahmed Talpur and others v. Government of Sind and others P L D 1976 Kar. 316 ref. (c) Civil Procedure Code (V of 1908)-- ---S. 115--Muhammadan Law--Gift--Oral gift of house--No evidence on record to show that donor husband had delivered possession of house to donee-wife or at least made any declaration to the effect that he delivered possession of the house to donee--No such averment having been made even in plaint--Court did not frame any issue on the point for which applicant-donee could only blame herself-- Applicant-donee in joint possession of house not only with her deceased husband but with her daughters who lived in same house and still continued to live there--Contention that daughters of applicant-donee had admitted in writing before Excise and Taxation Authorities about the gift not proved by evidence--Trial Court as well as Appellate Court had rightly held (i) that there was no proof of such admission or acceptance of gift on part of applicant's daughters nor any entry in taxation Register conferred any right upon applicant as owner and (ii) that deceased donor, who at relevant time had no title over plot of house, could not have transferred any right in plot to any person--Revision dismissed in circumstances.--[ Muhammadan Law]. (d) Civil Procedure Code (V of 1908)-- ---O.XIV, Rr. 1 & 3--Issues, framing of--Issues are framed on pleadings of parties only on such facts and points which are in dispute between them.--[Pleadings--Practice and procedure]. ORDER This revision application is…

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