| Citation(s) |
|---|
| 2007 SLG 1314 2007 SLD 1314 2007 MLD 1647 |
Peshawar High Court
Civil Revision No. 102 of 2002, decision Dated: 11-07-2007. Hearing Dated: 25-06-2007.
IJAZ UL HASSAN KHAN, JUSTICE
Petitioner(s) by: Abdul Sattar Khan
Respondent(s) by: Mir Adam Khan
Civil Revision No. 102 of 2002, decision Dated: 11-07-2007. Hearing Dated: 25-06-2007.
IJAZ UL HASSAN KHAN, JUSTICE
Petitioner(s) by: Abdul Sattar Khan
Respondent(s) by: Mir Adam Khan
UMAR HAYAT AND OTHERS
VS
MST. KHATOON BIBI AND OTHERS
Law: Specific Relief Act, 1877
Section: 8,42
Law: Civil Procedure Code (V of 1908)
Section: 115,151,O.I,XLI,XX,R.9,10,20,31,41
(a) Specific Relief Act (I of 1877)--- ----Ss.8 & 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration of title and. recovery of possession---Misreading and non-reading of evidence---Suit filed by plaintiffs was decreed by Trial Court in their favour but Appellate Court reversed findings of Trial Court and dismissed the suit---Validity---Appellate Court adverted to every aspect of the case and rightly decided issues agitated by parties and rendered a reasoned , which was not open to legitimate exception---Plaintiffs failed to prove that passed by Appellate Court was outcome of misreading and non-reading of evidence or suffered from illegality or material irregularity---Appellate Court gave exhaustive after due appraisal of evidence on file after discussing all pros and cons of the case---No legal defect in the of Appellate Court was pointed out which was in consonance with evidence on file---Nothing could be pointed out effectively and convincingly which could persuade High Court to disagree with the findings of Appellate Court below on the issues in question---Appellate Court had scanned entire evidence in its true perspective and its findings could not be termed either perverse or arbitrary and the same were immune from further scrutiny in revisional jurisdiction under S.115, C.P.C.---Revision was dismissed in circumstances. Shafaullah and 13 others v. Saifur Rehman and 7 others PLD 1991 SC 1106; Qutab-ud-Din v. Gulza and 2 others PLD 1991 SC 1109; Ghulam Haqani and another v. Mst. Zulekha and others PLD 1953 Pesh. 53; Sahib Jan Khan v. Muhammad Nawaz Khan and another PLD 1953 Pesh. 68; Muhammad Nazeef and others v. Mst. Mumtaz Begum 2002 CLC 1517; Nasrullah Jan v. Mst. Farzana Begum and 6 others 2002 CLC 1523; Mian Hayatullah v. Mst. Shamo Sahar and another PLD 1983 Pesh. 202; Khalique Ahmad v. Abdul Ghani and another PLD 1973 SC 214; Noor Muhammad Khan v. Haji Muhammad Ali Khan and. 24 others PLD 1973 SC 21; Ahmad Miaji and others v. Eakub Ali Munshi and others PLD 1961 Dacca 25 and Muhammad Nawaz and others v. Sh. Abdul Latif and another PLD 1971 SCMR 198 ref. (b) Civil Procedure Code (V of 1908)--- ----S.151, O.I, R.10 & O.XLI,…
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