Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Revision---Conflicting s of two Courts below ---Remedy--­In the event of conflicting s of two Courts below, findings recorded by Appellate Court should ordinarily be preferred to findings of Trial Court unless same was not supported by legal evidence or was based on surmises and conjectures---Evidence on record clearly indicated that Appellate Court had misdirected itself by taking a different view from the view taken by Trial Court and committed a gross error by misappreciating evidence adduced by parties--­Appellate Court by adopting a view not supported by material on record had committed jurisdictional error of law thereby causing gross injustice which earnestly deserved interference by High Court in exercise of its revisional jurisdiction in order to do substantial justice and to obviate miscarriage of justice. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Qanun-e-Shahadat (10 . of 1984), Art. 129---Alleged sale through mutation---Validity---Evidence produced by parties clearly indicated that notwithstanding presumption of regularity attached to official acts within meaning of Art. 129, . Qanun-e-Shahadat, 1984, recording of statement of deceased (alleged vendor) before Revenue Officer was. not at all free from doubt and transaction of alleged sale on the face of it appeared to be forged and fabricated---Because of such forgery and fabrication transaction of sale was not acted upon inasmuch as neither plaintiff paid consideration for sale of land in question, nor was alleged vendee put in physical possession and occupation of land in question---Suit brought about 14 years after alleged transaction of sale, for possession thereof, was additional factor against genuineness of transaction in question---Sale of land in question on basis of mutation was, thus, highly doubtful and did not create title in favour of plaintiff especially in view of the fact that land in question, was already mortgaged with the Bank since 1964 and not redeemed. Noor Muhammad v. Abdul Hamid 1984 CLC 23 and Muhammad Issa v. Board of Revenue, West Pakistan PLD 1979 Kar. 783 ref (c) West Pakistan Land Revenue Act…

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