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Civil Petition No. 448 of 1977, decided on 29th November, 1980.

(On appeal from the judgment dated 31‑3‑77 of the Lahore High Court in R. S. A. No. 382 of 1977).

Civil Procedure Code (V of 1908)‑

--S. 100‑Second appeal‑Matter in dispute, whether relevant muta tion genuine or fictitious, clearly one of fact‑Findings recorded on issue by trial Court and confirmed by District Judge being final, High Court, held, rightly dismissed second appeal on ground of matter having been concluded by a finding of fact‑Constitution of Pakistan (1973), Art. 185(3)

Ch. Bashir Ahmad, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record (absent) for Petitioner.

Nemo for Respondent.

Date of hearing: 29th November, 1980.

‑This petition is directed against the judgment dated 31‑5‑1977 in R. S. A. No. 382 of 1977. The High Court dismissed the second appeal of the petitioners on the ground that the matter was "concluded by a finding of fact".

It is not disputed that the question in dispute was whether mutation of sale relied upon by the petitioners was genuine or fictitious. The learned trial Court held that this was a forged and fictitious‑document after discussing the evidence at length. The finding was upheld by the learned District Judge, Vehari. After adverting to the relevant evidence, the matter in dispute was clearly one of fact and the finding recorded thereon by the trial Court and confirmed by the District Judge, was final. The High Court, has, therefore, rightly dismissed the second appeal on the ground the matter was concluded by a finding of fact. Such a finding cannot be interfered with in the present proceedings.

This petition, therefore, fails and is dismissed hereby.

Petition dismissed.

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