ALI SHER Versus BILQEES BEGUM
ORDER
MIAN BURHANUDDIN KHAN, J. --By this petition leave is sought to appeal against the judgment and order of the Lahore High Court, Lahore dated 1-7-1985 passed in Regular Second Appeal No. 288 of 1982, upsetting the judgments and decrees of the two Courts below on the ground that the learned High Court Judge has got no jurisdiction to upset the concurrent findings of fact recorded by the trial Court and the first appellate Court on issues Nos. 4 and 4-A inasmuch as under a very limited scope the concurrent findings of the Courts below could not be set aside because these were based on proper reading of evidence and there was no legal infirmity in the judgments of the two Courts below; and that the findings of the learned High Court Judge in upsetting the concurrent findings of the Courts below on the aforesaid two issues, are entirely based on misreading of evidence on record.
2. Ali Sher petitioner brought a suit for possession of land measuring 28 Kanals 4 Marlas situate in Chak No. 292/R.B., Tehsil and District Faisalabad, claiming that the alleged oral gift by him in favour of respondent Mst. Bilqees Begum through the alleged mutation No. 374 dated 11-6-1974, is fictitious, forged, based on fraud and is illegal. The suit was decreed by the learned trial Court holding under issues Nos. 4 and 4-A that no valid gift was made and that mutation No. 374 was fictitious, forged, based on fraud, mala fide with the connivance of the revenue staff. On appeal the learned District Judge affirmed the findings of the trial Court on the said issues per judgment dated 4-10-1982. Both the judgments are rich with detail of facts.
3. We are of the view that the learned High Court Judge has upset the findings on the aforesaid issues on certain observation made which amounts to re-appraisal of the evidence on question of facts. Therefore, we grant leave to consider, inter alia, the contentions raised by the learned counsel. Security rupees two thousand. Appeal to heard on the present record, with liberty to the parties to file additional documents, if desired.
M.I./A-112/S Leave granted.