Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Concurrent findings of fact of courts below---Interference with such findings by High Court in exercise of its revisional jurisdiction---Principles. High Court while exercising its jurisdiction as conferred upon it under section 115 CPC can interfere when the concurrent findings of fact are based on insufficient evidence, misreading of evidence, non-consideration of material evidence, erroneous assumption of facts, patent errors of law, consideration of inadmissible evidence, excess or abuse of jurisdiction, arbitrary exercise of power and where unreasonable view has been taken which is not in consonance with the evidence. JUDGMENT JAVED IQBAL, J.---This appeal with leave of the Court is directed against judgment dated 31-3-2005 whereby the civil revision petition preferred on behalf of respondents has been accepted by the learned single Judge of Lahore High Court, Bahwalpur Bench, Bahawalpur, in chambers by means of judgment impugned by reversing the concurrent findings of fact recorded by the courts below. 2. Leave to appeal was granted by means of order dated 31-5-2005 which is reproduced herein below to appreciate the legal and factual aspects of the controversy:-- "Petitioner seeks leave to appeal against Lahore High Court judgment dated 31-3-2005 passed in C.R. No.232-D-1996/BWP allowing the same and thereby setting aside concurrent findings of fact recorded by the trial Court as well as the Appellate Court. 2. Petitioner Asmatullah and respondents Amanatullah, Muhammad Sarwar, Naimtullah being the sons of Aziz-ur-Rehman occupied House No.26/E, Chishtian City District Bahawalnagar in the year 1947 after their migration to Pakistan. According to respondent Amantullah, he along with his brothers and mother filed joint C.H. Form before the Settlement authorities for transfer of the property in their possession which was jointly transferred as such by the Settlement authorities in equal shares. On 18-2-1989, Amantullah filed a suit before the trial Court seeking a declaration of his title to the extent of 1/4th share and join possession thereof. By way of consequential relief, .he sought permanent injunction…

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