Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revision---Concurrent findings of Courts below---Interference in revision---Past and closed transaction---Validity---Respondent was owner in possession of a house transferred to him by the Settlement and Rehabilitation Department and a P.T.D. was issued in year 1970---Petitioner, the Cantonment Board had refused to sanction building plan submitted by the respondent--­Despite the fact, the Director, Military Lands and Cantonments had directed the Board to give due consideration to the claim of the respondent, the Board refused to do the needful---Matter was taken to the Civil Court by the respondent---Trial Court and the Appellate Court had passed an order and decree favourable to the respondent---Findings recorded by the Courts below on the issues framed were findings of fact and being concurrent were immune from interference by High Court in its revisional jurisdiction ---P.T.D./Transfer had not been questioned by the Board or anyone in the hierarchy of Courts under the Settlement laws, thus, became final and same could not be called in any collateral proceedings---Stand taken by the Board and the role played by it in the whole process was deprecated. Nazir Ahmad and others v. Boota and others 1989 SCMR 450; Riaz v. Muhammad Salim and 4 others 1989 SCMR 1491; Faiz Ahmad v. Mst. Allah Wasai 1988 SCMR 234; Muhammad Rafiq v. Divisional Engineer, P.W. Railway and others 1992 CLC 786; Muhammad Siddique v. Inayat Khan 1992 CLC 1748 and Nazar-ur-Rehman v. Noroz Khan 1990 CLC 1186 rel. JUDGMENT The facts giving rise to the instant civil revision are that Property bearing No.437/B was transferred by the Settlement and Rehabilitation Department in open auction held on 25-9-1968 in favour of the respondent, Abdul Aziz Qureshi. Pursuant to the transfer aforementioned made by the said Department, a P.T.D. was issued in favour of the transferee i.e. Abdul Aziz Qureshi on 30-3-1970. The transferee of the property aforementioned submitted a building plan for additions/alterations in the property transferred to him by the Settlement and Rehabilitation Department. The petitioner/Cantonment Board vide its Resolution No.36, dated…

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