Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Concurrent findings of Courts below on question of fact--¬Effect---Propositions canvassed in cross-appeals related to questions of fact--¬Findings of High Court and Trial Court on such questions being concurrent, parties in neither of such appeals were able to show that such findings suffered from any infirmity---Appeals against findings of fact were not competent in circumstances. JUDGMENT SAAD SAOOD JAN, J.---These are two appeals by special leave from the judgment dated 3-12-1991 of the Peshawar High Court, Dera Ismail Khan Bench, whereby the judgment and decree of the Civil Judge, Tank, dismissing the two cross-suits filed by the parties were affirmed. 2. On 19-9-1985 Jhangi Khan, appellant in Civil Appeal No. 457/1992 and respondent in Civil Appeal No. 456/1992 filed a suit for the recovery of Rs.3,00,000 against Asmatullah Khan, appellant in Civil Appeal No. 456/1992 and respondent in Civil Appeal No. 457/1992. He alleged that he had given Rs.5,00,000 to Asmatullah Khan for purchasing immovable property for him. Asmatullah Khan did not purchase any property and on his demand he returned only Rs.2,00,000 through a bank draft and kept back rest of the amount. On 16-i1-1985 Asmatullah Khan also brought a suit against Jhangi Khan for a declaration to the effect that he Was the owner in possession of a house situate on Dera Tank Road, Tank. He alleged that the house belonged to Jhangi Khan who had undertaken to sell the same to him. By way of consideration Jhangi Khan had received Rs.5,90,000 and only a sum of Rs.10,000 remained payable. In the alternative, he asked for…

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