Law:

Section:

Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation (II of 1994)-- ----Regln. 3---Civil Procedure Code (V of 1908), S. 115---Dispute relating to title of land in question, referred to mediator for decision in accordance with Shariah---Mediator on basis of evidence on record found that plaintiffs were real owners of land in question; that defendants had not purchased land in question; and that defendants had forcibly possessed land in question---Trial Court after receipt of Award of mediator and after giving opportunity to parties to file objections, if any, on award, decreed plaintiff's suit---Judgment and decree of Trial Court were affirmed in appeal---Validity---Defendants could not point out any misreading or non-reading. of material evidence on which concurrent finding of fact of two Courts below was based---High Court could not interfere in impugned s and decrees in revision in absence of material irregularity or illegality in proceeding conducted by Courts below---Judgments and decrees of Courts below were affirmed in circumstances. ORDER By this order I intend to dispose of the captioned revision petitions as in both the cases common questions of law and facts are involved. 2. The facts out of which both the revision petitions arise, briefly stated, are that Muhammad Afzal etc. and Haji Faqir Khan, plaintiffs/respondents herein, had filed suits against Abdul Malik etc. and Shah Mazai, defendants/petitioners herein, in the Court of E.A.C., exercising the powers of Deputy Commissioner under PATA Regulation II of 1975, for declaration that the land, details of which are given in the heading of both the plaints, is their ancestral property and that the defendants are not entitled to deny their title over the suit land or to transfer it or change its nature in any manner. It was also alleged that the sale-deed scribed as ' Raseed' dated 27-4-1979 annexed with the plaint is fraudulent, collusive, illegal and thus ineffective upon the rights of the plaintiffs/ respondents. Perpetual injunctions were also prayed for. In the alternative, the possession of the suit land was claimed. The suits were contested by the defendants. Haji Faqir…

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