Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.115---Constitution of Pakistan (1973), - Art.185(3)---Revision--- Concurrent findings of two Courts below---Leave to appeal was granted by Supreme Court to consider whether in exercise of jurisdiction under S.115 of C.P.C. High Court was legally justified to interfere in the concurrent findings of facts of two Courts below as regards rejection of sale-deed based on finding that the same was also not a genuine document---Such findings of Trial Court and Lower Appellate Court were based on elaborate, careful and correct appraisal of evidence and did not suffer from any misreading---Such findings could not legally be interfered with under S.115 of C.P.C.--­Judgment of High Court was set aside and those of the two Courts below restored. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction of High Court---Concurrent findings of facts by lower Courts---Interference with such findings of facts by High Court in exercise of jurisdiction under S.115, C.P.C.---Scope---Where the two Courts below had given strong reasons for raising inferences against genuineness of the documents on the basis of all attending circumstances and those Courts were justified in raising those inferences, even if the High Court had formed its own opinion different from the Courts below, such findings of facts could not have been interfered with unless strong reasons had been given to reject such inferences---Different view on reappraisal of evidence, could not be a ground for interference with such findings of facts of the two Courts below in exercise of jurisdiction under 5.115, C.P.C. by High Court. Mian Younis Shah, Senior Advocate Supreme Court for Appellants. Mian Hisamuddin, Advocate Supreme Court for Respondents. Date of hearing: 17th November, 1999. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against the judgment, dated 9-1-1993 of the Peshawar High Court, through which Civil Revision No.474 of 1984 filed by the respondents against the judgments of the Courts below by which the suit of the appellants for possession of land through redemption was decreed, has been accepted and the said judgments…

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