Law:

Section:

Constitution of Pakistan (1973)----Art.185(3)--Suit for declaration seeking the annulment of a mutation of exchange on the ground of fraud dismissed--Appeal and Revision also dismissed-­Concurrent finding of fact by Courts below neither suffered from any error of law nor of principle--No justification having been made out .for interference, leave to appeal was refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff, against the dismissal by the High Court, of his Civil Revision. It had arisen out of his suit for declaration seeking the annulment of a mutation of exchange on the ground of fraud. Petitioner's suit was dismissed. His appeal failed and his Civil Revision having been dismissed for the reason that the concurrent findings of fact reached by the learned Courts below were not based either on mis-reading or non-reading of evidence. It was also held by the High Court that the possession of properties, as a result of the exchange in dispute did pass between the parties. Learned counsel has in support of this petition contended that the learned trial Court while deciding the question regarding the form of the suit -namely, whether it could be filed for declaration without seeking relief of possession, had held that the possession had not passed between the parties. Therefore, the suit for declaration simplicities filed by the petitioner was competent. Accordingly he further argued,…

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