Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction---Nature and scope ---Revisional powers under S.115, C.P.C. were primarily intended for correcting errors made by Subordinate Courts in the exercise of their jurisdiction---High Court, in exercise of revisional jurisdiction, would only interfere and correct gross and palpable errors of subordinate Courts so as to prevent manifest injustice in non-appealable cases---Proper opportunity was afforded, in the present case, to both parties to adduce evidence before Trial Court which they had availed---Both orders of Courts below were within their jurisdiction and Courts had not acted illegally in breach of any of the provisions of law nor they had committed any material irregularity---High Court refused to interfere with orders of both Courts below in its revisional jurisdiction. JUDGMENT This revision petition has been preferred by Farid Khan, the present petitioner, against the decision of the District Judge, Mardan, dated 25-3-1997 whereby his appeal filed against the order of the Civil Judge-II, Mardan, dated 2-5-1992, who had granted a decree for possession in favour of the plaintiff respondent, namely, Malik Aman Khan, was dismissed. 2. Brief facts of the case are that Malak Aman Khan brought a suit for possession against Farid Khan in respect of the property which has been detailed in the heading of the plaint measuring 1 Kanal, 6 Marlas and 1 Sarsai situated at Village Garhi Daulatzai Tehsil and District Mardan. The plaintiff-respondent had alleged in his plaint that his father namely Ghulam Qadir had purchased the suit property from a non-Muslim namely, Sunath Sing vide a registered sale­deed, dated 24-4-1946, copy of which is Exh.P.W.l/1 placed on the file. The plaintiff further alleged that after the death of his predecessor-in-interest the plaintiff remained in possession of the suit property as its owner but one year prior to the suit, the defendant having no right in the said property, took over the possession of the same forcibly. The plaintiff had claimed improvements over the suit property and since the defendant was reluctant to deliver the possession of the property to him he…

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