| Citation(s) |
|---|
| 1999 SLG 379 1999 SLD 379 1999 SCMR 1154 |
Supreme Court of Pakistan
Civil Petition No. 175-L of 1997, decision dated: 4-08-1998. (On appeal from the judgment, dated 18-9-1996 passed by the Lahore High Court, Lahore in C.R. No: 881 of 1996)
RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No. 175-L of 1997, decision dated: 4-08-1998. (On appeal from the judgment, dated 18-9-1996 passed by the Lahore High Court, Lahore in C.R. No: 881 of 1996)
RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents
Mst. BASHIRAN and others
VS
ALAF DIN and another
Law:
Section:
(a) Civil Procedure Code (V of 1908)--Ss.100 & 115---Constitution of Pakistan (1973), Art. 185(3).--Revisional jurisdiction of High Court---Scope---Findings of Appellate Court below were not interfered with by High Court in revision with observation that no illegality or material irregularity had been pointed out in the impugned warranting interference in exercise of revisional jurisdiction of High Court--Powers of Appellate Court would extend to reversing and decree of Trial Court---High Court, in exercise of its revisional jurisdiction, having rightly upheld finding of Appellate Court below, petition for leave to appeal against of High Court, was dismissed. Amir Hasan Khan v. Sheo Baksh Singh 11 IA 237 and Balakrishna Vdayar v. Vasudeva Aiyar AIR 1917 PC 71 ref. (b) Civil Procedure Code (V of 1908)--- ----S.100---Appeal---Power of Appellate Court would extend to reversing and decree of Trial Court. ORDER CH. MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, petitioners have challenged judgment, dated 18-9-1996, whereby a learned Judge of the Lahore High Court, Lahore dismissed their Civil Revision No.881 of 1996 with the result that the judgment and decree, dated 13-2-1996 passed by a learned Additional District Judge, Mandi Bahauddin reversing that of the learned Trial Court, dated 24-11-1987 was maintained. 2. The background in which this petition has arisen is that the petitioners filed a declaratory suit alleging therein that suit land measuring 26 Kanals situated in Chak No.21, Tehsil Phalia District Gujrat was gifted to them by Mst. Rajan through registered gift deed, dated 23-12-1979. They also sought an injunction restraining the respondents from interference in their such possession. This Suit bore No.42 of 1980. The respondents, in addition to contesting Civil Suit No.42 of 1980, also brought Civil Suit No.43 of. 1980 against the petitioners seeking a declaration as well as cancellation of gift deed, dated 23-12-1979. Both these suits were consolidated and proceedings therein were taken in Civil Suit No.42 of 1980. The respective claims of the parties in the suits…
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