ALI ASGHAR HUSSAIN SHAH versus PEHLWAN SHAH

Section 145 review points to factual disputes between the parties, which are found to be against the applicant's intervention in a simultaneously disputed jurisdiction, are not valid.

1981 C L C 1752

[Lahore]

Before M. Mehboob Ahmad, J

ALI ASGHAR HUSSAIN SHAH AND OTHERS‑Petitioners

versus

PEHLWAN SHAH AND ANOTHER‑Respondents

Civil Revision No. 437 of 1973, decided on 6th December, 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ S. 145‑Revision‑Points relating to controversies of fact between parties concurrently found against petitioner‑Interference in revisional jurisdiction, held, not justified.

(b) West Pakistan Land Revenue Act (XVII of 1967)‑

--------S. 42‑Mutation‑Entry of mutation‑Held : Does not confer any title.

(c) Evidence Act (I of 1872)‑---

---------S. 110‑Possession of petitioner's predecessor‑in‑interest over disputed land not proved‑Application of S. 110, Evidence Act, held, not attracted.

(d) Civil Procedure Code (V of 1908)‑‑

--‑‑ S. 115‑Revision‑Factum of payment of price and possession missing‑Inference of sale having taken place, held, could not arise, in circumstances.

M. Nazir Shaikh for Petitioners.

C. M. Latif Rawn for Respondents.

Dates of hearing : 3rd and 6th December, 1980.

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