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Civil Petition for Special Leave to Appeal No. 2 of 1968, decided on 31st May 1968.
(On appeal from the judgment and decree of the High Court of West Pakistan, Lahore, dated the 24th October 1967, in Regular Second Appeal No. 4112 of 1967).
--- Art. 58 (3)‑Civil suit Material piece of evidence ignored by Courts below‑Special Leave to Appeal granted by Supreme Court.
Chaudhri Amjad Khan, Advocate Supreme Court instructed by Inayat Hussain, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 31st May 1968.
‑The plaintiffs‑respondents have been granted a decree for 1/3rd share in the suit land on the finding that their predecessors, namely, Dadu, Qadu and Sadu had inherited the suit properties in equal shares from their father Ghulam though the shares recorded in record of rights are unequal.
The petitioners in defence of the suit maintained that Qadu, predecessor of the plaintiffs, had in 1893 sold the bulk of his share of the land as was shown by the Mutation No. 20, Exh. D. 2, at tested on 2‑5‑1894, but the Courts below ruled out this evidence from consideration on the finding that the particular of the land sold by Qadu were not mentioned in the mutation and no evidence was led to connect the land sold with the land in suit.
Our attention has been drawn to the Jamabandi of 191 I‑12 Exh. D/1 which on its face connects the land sold by Qadu with land in suit. A material piece of evidence has thus been ignored by the courts below which prima facie vitiates the judgment and decree passed in the suit.
Leave to appeal is granted. Security ‑Rs. 1,000.
Leave granted:
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