AHMED vs REHMAT ALI Ss — 2024 PLD 305 KARACHI-HIGH-COURT-SINDH

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AHMED VS REHMAT ALI Ss. 42 & 55---Suit for declaration and permanent injunction in respect of immoveable property---Entries in revenue record---Forged and fabricated---Petitioners filed a suit for declaration and permanent injunction pleading that petitioner No. 1 purchased the suit property from respondent No. 1 through an oral statement before Assistant Mukhtiarkar and the record of rights was mutated in his favour vide entry No. 275 dated 25.06.1994---Said property was sold out in favour of petitioner No. 2, who mortgaged the said property with a Bank---Later, the Assistant Commissioner cancelled the original entry dated 25.06.1994 on the grounds that it had been deceitfully kept in Village Form VII-B in February 1996---Petitioners filed a civil suit, seeking a declaration that petitioner No. 2 was the lawful owner of the suit land and that the note kept by the Assistant Commissioner, whereby he cancelled the entry, was illegal, void and not binding upon the petitioners---Suit was decreed by the Trial Court---First Appellate Court dismissed the suit---Validity---Record showed that the appellate Court arrived at a significant conclusion through a meticulous, conscientious, and lawful evaluation of the evidence and official revenue records pertaining to the alleged entries---Entries, allegedly manipulated by the applicants in collusion with the Revenue Officials, were scrutinized---Appellate Court allowed the appeal and rightly concluded that Entry No.275 dated 25.6.1994, made in favour of applicant No.1 along with the statements of respondent No.1, in the book of statements, were palpably false---Such entries and statements were not just erroneous but were deemed forged, fabricated, and concocted, indicating a deliberate attempt to misrepresent the facts---Such finding was not made lightly but was the result of careful evaluation of the record---After such comprehensive review, the appellate Court rightly held that the appellants had committed fraud against the respondents---Applicants could not provide an attesting witness regarding the alleged sale or any other documentary evidence to substantiate that they had purchased the suit land through an alleged Statement of Sale---Reevaluating evidence was generally undesirable in revisional proceedings---Trial Court failed to understand the legal and factual aspects of the case when it was decreed---At the same time, the appellate Court correctly dismissed the suit through a well-reasoned judgment without committing any illegality---In case of conflicting decisions, the appellate Court's findings should be given weight and respected unless it was clear from the record that such findings were not evidence-based and were materially illegal---Revision petition was dismissed accordingly.

AHMED vs REHMAT ALI Ss — 2024 PLD 305 KARACHI-HIGH-COURT-SINDH

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