1989 CLC 1164 KARACHI-HIGH-COURT-SINDH

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SHAHZAD KHAN VS ABDUL AZIZ KHAN Evidence Act 1872--155 , Evidence Act 1872 S.155 (3)--Civil Procedure Code (V of 1908), S.115--Revision-Admission in cross-examination--Effect--Suit for recovery of possession of demised premises with mesne profits decreed by Trial Court-Appellate Court maintained the decree for eviction of appellant but reversed the decree for mesne profits--Order challenged-- Contention that respondent had admitted in cross-examination that petitioner was his tenant--Five issues having been dropped, Trial Court was not competent to record finding on said issues--Held, in previous litigations it had been finally decided that relationship of landlord and tenant between the parties did not exist, therefore, admission of respondent was of no avail to the petitioner and that respondent having not given up particular issue Trial Court was justified to give finding on that issue--Neither any misreading of evidence nor any perverse appreciation of evidence on record existed--No case for interference thus was made out.