Law:

Section:

Civil Procedure Code (V of 1908)--S. 115---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider that there being no jurisdictional defect in the of First Appellate Court, who was the ultimate Court of fact, whether High Court erred in law while interfering in the of Appellate Court on facts. ORDER ABDUL QADEER CHAUDHRY, J---Leave to appeal has been sought against the judgment of the Peshawar High Court, dated 24-2-1993, whereby in C.R. No. 138/85, it reversed the findings of the learned Additional District Judge. 2. The facts in brief are that Mukhtar Ahmad was issued a P.T.O. by the Settlement Department on 30-1-1962. On 12-2-1962 Mukhtar Ahmad executed two documents, namely, Mortgage Deed and Agreement to sell. The consideration in both the documents was entered as Rs.8,000. Mukhtar Ahmad filed a suit for possession by redemption of the house in dispute on payment of Rs.8,000. The suit was contested by the petitioner. The learned Civil Judge granted a preliminary decree in favour of Mukhtar Ahmad, holding that the transaction was a mortgage. The petitioner feeling aggrieved by the judgment and decree passed by the Civil Judge, filed an appeal in the Court of District Judge. The appeal was accepted by the learned Additional District Judge. He held that the transaction was a sale but the property could not be sold until P.T.D. issued. He did not agree with the trial Court that the transaction was mortgage. Mukhtar Ahmad filed a civil revision before the High Court, which was accepted vide impugned judgment. The learned…

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