AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S — 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE

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AKHTAR GUL (Deceased) VS MUHAMMAD ASHIQ S. 115---Specific Relief act (I of 1877), Ss. 12, 42 & 54---Concurrent findings of facts---Material flaws, observing of---Revisional powers of High Court---Scope---Consolidating the suits at the time of pronouncement of judgment---Effect---Intermingling the evidence recorded in both the suits---Parties claimed (declaration and specific performance) separately by filing their respective suits which were not consolidated, however, the Trial Court pronounced a common judgment as in consolidated proceeding---Validity---Record revealed that though initially suits were proceeded independently but, strangely, at the time of announcement of judgment both were consolidated and through a common judgment while intermingling the evidence recorded in both the suits the same were decreed, which was the outcome of gross misreading and non-reading of evidence---Scope of revisional jurisdiction is hedged in S. 115 of the Civil Procedure Code, 1908 (C.P.C.) and though ordinarily concurrent findings of facts are not disturbed but such findings are neither sacrosanct nor it is an inflexible rule that despite observing material flaws, the revisional court will abdicate to exercise its jurisdiction---Judgments passed by the courts below were not based on proper appraisal of evidence and the Civil Judge, while decreeing the suits of the respondents, had grossly misread the evidence---appellate Court, while upholding the judgment and decree of Trial Court, committed a material irregularity---High Court under S. 115 of the C.P.C. is obliged and fully competent to correct such error in exercise of its revisional jurisdiction---Once it is established on the record that concurrent findings are fraught with legal infirmities, it becomes the bounden duty of court exercising revisional powers to curb and stifle such illegalities and material irregularities---High Court set-aside impugned judgments and decrees passed by both the Courts below ;consequently, suits instituted by the respondents stood dismissed---Revision filed by successors-in-interest of original owner of the suit-property was allowed, in circumstances.

AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S — 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE

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