Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction, exercise of---Scope---Process for upsetting concurrent finding of fact in exercise of power under S.115, C.P.C. was neither permissible nor warranted by law---Interference with finding of fact by Courts below in exercise of revisional jurisdiction under S.115, C.P.C. by High Court could only be justified if said finding was found to be suffering from misreading of evidence or non-consideration of important and material evidence or finding was result of perverse appreciation of evidence on record---Wrong/erroneous conclusion on question of fact by Courts below was not open to interference by High Court in exercise of its jurisdiction under 5.115, C.P.C. NLR 1983 (IC) SC 483; PLD 1992 Lah. 92; PLD 1993 SC 147; PLD 1983 SC 53; 1997 SCMR 1139; 1998 SCMR 708; 1993 SCMR 2018; 1997 SC 470 (sic); 1994 SCMR (sic); PLD 1981 (sic); PLD 1987 Lah. 666; 1984 SCMR 1139; PLD 1975 Kar. 930; 13LD 1973 SC.295; PLD 1983 SC 68; 1982 SCMR 542; PLD 1985 Lah. 458; PLD 1993 Pesh. 181; 1989 SCMR 1414; 1998 SCMR 708 and 1997 SCMR 1139 ref. , JUDGMENT Land measuring 1243 Kanals, 11 Marlas situated in Chak No.92/M, Tehsil and District Lodhran was allotted to Muhammad Hussain respondent No.2 in the year 1961 under Tubewell Sinking Scheme. The allottee entered into an agreement to sell in favour of Mst. Zakira Chattha, respondent No. 1. on 16-5-1967 for total consideration of Rs.21,500 out of which he received Rs.10,500 at the time of execution of the alleged agreement to sell while the balance amount of Rs.11,500 was to be received later on. In addition to the agreement to sell a general power of attorney was also executed in favour of respondent No. l on the same date i.e. 16-5-1967. The balance amount was also paid by means of agreement, dated 27-7-1967 (Exh.P.3) and it was agreed that suit land will be transferred on the issue of Patta Malkiat by the Punjab Province in favour of Muhammad Hussain. The possession of the land was allegedly handed over to the vendee/respondent No.l. Muhammad Hussain, allottee was granted proprietary rights of the land on 21-12-1985 (Exh.P.6). On which the plaintiff/vendee filed a suit…

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