Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--   ---S.115--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal--Revisional jurisdiction--Concurrent findings of fact-­Interference with--Leave to appeal granted to determine point whether High Court in exercise of its revisional jurisdiction, was justified to interfere with concurrent findings of fact of two Courts below.   (b) Civil Procedure Code (V of 1908)--   --S.115--Revisional -jurisdiction, exercise of--Concurrent findings of fact by two Courts below--Interference with--When it is found that two Courts below, while giving their finding on a question of fact, have committed material irregularity or have omitted to read evidence on a point which had resulted in miscarriage of justice, High Court will have the occasion to re-examine the question and give its own finding on that question in the exercise of revisional jurisdiction. JUDGMENT USMAN ALI SHAH, J.--This appeal by leave, against the judgment dated 17-11-1981 of the Peshawar High Court, Circuit Bench Abbottabad, has arisen in the following circumstances:- Muhammad Iqbal respondent No.2 herein owned land measuring 24 kanals and 2 marlas, comprised in khasra Nos.615 and 617 situate in Pind Kamal Khan, Tehsil Haripur. By mutation No.377 attested on 8-8-1973, he gave in exchange 2/120 share out of the said land to Mansabdad respondent No.1 herein. Thereafter, by mutation No.396 attested on 11-10-1973, he sold the remaining 98/120 share to the said respondent No.1. The appellant herein pre-empted both the transactions on the ground of contiguity. He alleged that the entire suit land was sold for Rs.11,920 and the mutation No.377 was given the colour of exchange, in order to defeat his right of pre-emption. In their written statement respondents Nos.1 and 2 repudiated the allegation of the appellant. The learned trial Judge framed various issues upon the pleadings of the parties and recorded their evidence thereupon. It may be pointed out that on conclusion of evidence of the parties the appellant and respondent No.2/vendor filed a compromise deed to the effect that the entire land was sold and there was no exchange. On examination of the…

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