Law:

Section:

Qanun-e-Shahadat (10 of 1984)--Art.103---Civil Procedure Code (V of 1908); S.115---Constitution of Pakistan (1973), Art.185(3)---Execution of sale-deed---Allegation of fabrication and forgery of sale-deed and relevant receipt ---Revisional jurisdiction of High Court---Scope---Leave to appeal was granted to consider the question as to whether in such-like cases evidence furnished by witness orally could preferably be accepted comparing to documentary evidence in pursuance of Art.103, Qanun-e-Shahadat, 1984 and the revisional Court in exercise of jurisdiction under S.115, C.P.C. had jurisdiction to reverse the finding recorded by Appellate Court while considering oral and documentary evidence in its true perspective. Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 4th February, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.---This petition has been filed for leave to appeal against the order, dated 2nd March, 1999 passed by a learned Single Judge of Lahore High Court, Lahore whereby Revision Petition under section 115, C.P.C. instituted by respondent No. l Saee Muhammad against the judgment and decree, dated 5th August, 1996 passed by learned Additional District Judge, Mandi Bahauddin filed by Ghulam Rasool son of Murad Bux, respondent No.2 and petitioner Muhammad Azam son of Mirza Khan has been accepted setting aside the judgment and decree of the trial Court allowing thereby the order and decree, dated 14th March, 1993 passed by Civil Judge, Mandi Bahauddin decreeing the suit of respondent No. l was permitted to remain in existence. 2. Briefly stating the facts of the case are that respondent No. l Saee Muhammad son of Khawaja filed a suit for declaration and permanent injunction in the Court of Civil Judge, Mandi Bahauddin against respondent No.2 Ghulam Rasool son of Murad Bux, petitioner Muhammad Azam son of Mirza Khan as well as against his own son Munawar Hussain on the averments that he is the owner of house which was inherited by him from his ancestors and continued in its possession till 13/14 months prior to the filing of the suit. It was averred in the plaint…

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