| Citation(s) |
|---|
| 2006 SLG 2433 2006 SLD 2433 2006 SCMR 306 |
Supreme Court of Pakistan
Civil Appeals Nos.1227 and 1228 of 2000, decision dated: 13-12-2005 (On appeal from the judgment, dated 11-10-1999 of the Peshawar High Court (D.I. Khan) passed in Civil Revisions Nos.60 and 61 of 1998)
JAVED IQBAL AND TASSADDUQ HUSSAIN, JILLANI, JJ
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Civil Appeals Nos.1227 and 1228 of 2000, decision dated: 13-12-2005 (On appeal from the judgment, dated 11-10-1999 of the Peshawar High Court (D.I. Khan) passed in Civil Revisions Nos.60 and 61 of 1998)
JAVED IQBAL AND TASSADDUQ HUSSAIN, JILLANI, JJ
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GHULAM RASOOL through L.Rs.-
VS
SAADULLAH KHAN and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 42---Declaration of title---Concurrent findings of fact by the Courts below---Plaintiff assailed sale of land owned by his mother and sought cancellation of sale mutations in favour of defendants, being based upon fraud---Trial Court and Appellate Court concurrently dismissed the suit and appeal respectively---High Court, in exercise of revisional jurisdiction, set aside concurrent findings of fact by the Courts below, and decreed the suit in favour of plaintiff---Validity---Claim and role of plaintiff, who remained Revenue Officer of the area, required deeper and vigilant scrutiny in the light of entire record and evidence which could not be done by High Court---Observations and findings of fact recorded by Appellate Court could not be discarded without any reasoning which must be given in support of conclusion arrived at by High Court---Claim of plaintiff was not to be visualized in isolation but had to be examined in conjunction with the whole mass of evidence on record in which eventually comprehensive spectrum of the picture in its true perspective would be amply exhibited on the screen---Unless and until it was decided as to how much land was sold by mother of plaintiff, the controversy could not be set at rest---High Court had not examined as to in order to avoid multiplicity of proceedings to shorten litigation and to do complete justice, moulded relief could be granted as was done by Courts below---Judgment and decree passed by High Court was .set aside and case was remanded to High Court for deciding revision petition afresh---Appeal was allowed. Madan Gopal v. Maran Bepari PLD 1969 SC 617; Choori v. Ghulam Hussain 1978 SCMR 404; Muhammad Hussain v. Abbas Khan 1981 SCMR 1233; U. Rai Gyaw Thoo & Co. v. Ma. Hla U Pru AIR 1940 Ran. 126 and Amina Begum v. Ghulam Dastgir PLD 1978 SC 220 rel. Abdul Aziz Kundi, Advocate-on-Record for Appellants. Haji Muhammad Zahir Shah, Advocate-on-Record for Respondents Nos.1, 4 and 5. Respondents Nos.2 and 3: Ex parte. Date of hearing: 27th September, 2005. JUDGMENT JAVED IQBAL, J.--- The above captioned appeals are directed against the judgment, dated 11-10-1999 whereby a…
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