Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 54---Civil Procedure Code (V of 1908), S. 115---Factum of sale--­Plaintiff's suit against his brothers on the ground that their father had sold specific property to him and that defendants (his brothers) were consenting party to such transaction was dismissed by Courts below on basis of evidence on record---Validity---Courts below had discussed each and every issue in detail and had given their findings correctly---Both Courts had concurred in arriving at the same decision on basis of evidence on record on question of fact viz. factum of sale whereby they had concurrently found that no sale transaction took place---Plaintiff had failed to prove that Courts below had exercised jurisdiction not vested in them; or had failed to exercise jurisdiction vested in them; or acted in exercise of their jurisdiction illegally or with material irregularity---Plaintiff had no case even on merits---Evidence produced by him regarding factum of sale was not confidence inspiring---No consideration for sale transaction having been passed on to vendee, was proved---Sale transaction was not proved by evidence on record---Judgments and decrees of Courts below whereby plaintiffs suit was dismissed were affirmed in circumstances. ORDER Heard. Record of the case perused carefully. 2. The facts of the case in hand are few and simple. It has been alleged by the petitioner (plaintiff) that the suit property was purchased by him from his father for a sum of Rs.5,000 in the year 1968, that the sale consideration of Rs.5,000 was duly paid to him (Qalandar Khan) and a receipt therefore was obtained, that the mutation in respect of this sale could not be entered/attested because it was a transaction between the son (petitioner) and the father (now dead) and that the defendants Nos. 1 to 4/respondents Nos. 1 to 4 and the predecessor-in-interest of defendants 5 to 10/respondents 5 to 10, deceased Fateh Muhammad Khan had no objection, whatsoever, to the said transaction and that the sale was completed with their consent. Needless to mention that the respondents Nos. 1 to 4 and deceased Fateh Muhammad Khan the predecessor-in-interest of respondents…

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