Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXVI, R.10(2)---Partition Act (IV of 1893), S.2---Partition of property---Report of Local Commissioner---Scope---Relying on report of Local Commissioner, Trial Court passed final decree, which was maintained by Appellate Court---Plea raised by petitioner in revision was that suit house was not partitionable, courts below did not appreciate evidence on record in its true perspective and a defective report of Local Commissioner was considered and made basis of their s---Validity---Report under O.XXVI, R.10(2) C.P.C. of Local Commissioner, to whom commission was issued by court was to be treated as evidence in the suit, although it was not binding on the court, which could arrive at its own conclusion on the basis of evidence on record---Report was confirmed for valid reasons, not open to legitimate exception and it was not safe for a court to act as an expert and to override elaborate report of a Commissioner whose integrity and carefulness were unquestioned, whose careful and laborious execution of task was proved by his report and who had not blindly adopted assertion of either party---Local Commissioner visited the spot in compliance with the order of court in presence of parties/their representatives and submitted a detailed and comprehensive report, adverting to all aspects of the case---Findings of Trial Court affirmed by Appellate Court were unexceptionable and did not call for interference of High Court. M.S.H. Qureshi for Petitioner. Mian Mohibullah Kakakhel for Respondents. Date of hearing: 18th January, 2007. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Shortly narrated the facts, leading to the filing of instant civil revision are, that Muhammad Zafarullah Khan and his wife Mst. Mumtaz Bibi, plaintiffs, filed suit on 22-1-1992, in the Court of Senior Civil Judge, Kohat, against Abdul Shakoor and his wife Mst. Amtari Jan (since dead), defendants, seeking possession through partition of suit house (detailed in the plaint), owned by their predecessor-in-interest Abdul Aziz. It was averred in the plaint that Abdul Aziz had transferred 1/3rd share in suit house in favour of Abdul Ghafoor and Mst. Amtari Jan, in his life…

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