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ABDUL KHALIQ versus ADMINISTRATOR, MUNICIPAL COMMITTE, RAWALPINDI


Section 115 facts have been decided by the court on reasonable evidence; there can be no inquiry into the review request [fact question]

1982 C L C 1837

[Lahore]

Before Muhammad Zafarullah, J

ABDUL KHALIQ‑Petitioner

versus

ADMINISTRATOR, MUNICIPAL COMMITTEE, RAWALPINDI

AND ANOTHER‑Respondents

Civil Revision No. 19 of 19811 decided on 21st February, 1981.

Civil Procedure Code (V of 1908)‑---

‑‑‑‑S. 115‑Question of fact decided by a court on proper evidence, held, cannot be questioned in Revision Petition. [Question of fact].

Kh. M. Zia Nayyar for Petitioner.

JUDGMENT

The present petition is directed against the judgment of Mr. Abdul Qadir Shad, the learned Civil, Judge Rawalpindi of 30.6‑1979 dismissing the suit of the present petitioner, as also against the judgment of Mr. Abdul Razzak Sheikh, the learned Additional. District Judge, Rawalpindi of 17‑11‑1980 dismissing the appeal.

2. The question involved before the two Courts was whether the land in question was a street. The Courts on' examining the evidence came to the conclusion that it was a public street. Reliance wad placed on a map sanctioned in 1938 and also on a sale deed of 1944 which showed the existence of the street. The matter was within the jurisdiction of the Civil Court and the appellate Courts and it cannot be said that in exercise of their jurisdiction the Court to have committed any irregularity or illegality. The question of fact decided by the Courts on proper evidence cannot be questioned in the Revision Petition.

3. Under these circumstances I find no force in this Revision petition. It is dismissed.

M.Y.M. Petition dismissed.

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