| Citation(s) |
|---|
| 1994 SLG 1222 1994 SLD 1222 1994 CLC 528 |
Lahore High Court
Civil Revision No. 1819-D of 1993, decided on 27th November, 1993
MIAN ALLAH NAWAZ, J
Shahid Hussain Qadri for Petitioner.
Civil Revision No. 1819-D of 1993, decided on 27th November, 1993
MIAN ALLAH NAWAZ, J
Shahid Hussain Qadri for Petitioner.
SHAH ZAMAN ALI
VS
Mst. MUSSARRAT BEGUM and others
Law:
Section:
Specific Relief Act (I of 1877)--- ----S.39---Civil Procedure Code (V of 1908), S.115---Revisional jurisdiction, exercise of---Trial Court on basis of evidence on record, decreed suit for cancellation of registered sale-deed allegedly executed by plaintiff/respondent in favour of defendant holding that defendant/alleged vendee had failed to prove execution of registered sale-deed in his favour---Appellate Court below affirmed findings of Trial Court---Concurrent conclusions of fact of Courts below based on evidence on record were not suffering from misreading or non reading of evidence not being contrary to any express provision of law, could not be interfered with in revisional jurisdiction of High Court. ORDER This revision petition has been filed by Shah Zaman Ali defendant under section 115 of the Code of Civil Procedure in order to call in question the judgment and decree of affirmance dated 16-11-1993 whereby the learned Additional District Judge, Lahore dismissed the appeal filed by petitioner and maintained the judgment and decree passed by the learned Civil Judge, Lahore dated 25-4-1992/decreeing the suit for cancellation of registered sale-deed dated 15-4-1977 filed by Mst. Mussarrat Begum/respondent. 2. A few facts, relevant for the disposal of this petition, are: that the respondent instituted a suit under Section 39 of the Specific Relief Act against the petitioner for cancellation of registered sale-deed dated 15-4-1977. It was alleged therein that she was owner of the property in dispute bearing No.SE28-S-23 situated in Ram Gali No.6, Lahore; that in July, 1977 she had gone to Karachi and handed over the key of her house to the petitioner who was her neighbour in order to look after the property in dispute; that when she came back from Karachi, she found petitioner occupying her house and claiming that he had purchased the property in dispute by means of registered sale-deed dated 15-4-1977. It was averred in the plaint that neither she had made the sale of the property in dispute to the petitioner nor she had received, the consideration nor she had appeared before the Sub-Registrar for the purpose of registration of the questioned registered…
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