' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- Petitioner seeks leave to appeal against the judgment of Lahore High Court, Lahore dated 8th July, 2004.
2. Precisely stating the facts of the case are that dispute in the instant case is in respect of identification/demarcation of two houses bearing Nos.2501 and 2502. Petitioner/defendant purchased the property in dispute on 16th January, 1975 by means of a registered sale-deed whereas respondent/plaintiff purchased House No,2502 in open auction and his claim was that the house which is in possession of the petitioner/defendant is House No,2502, and the same is being treated by him to be the House having No,2501. As such the respondent/plaintiff filed a suit for possession against the petitioner/defendant on 14th, December, 1980, which was dismissed on 12th November, 1987. Appeal filed by him was accepted by Additional District Judge Khushab on 25th April, 1992. However, learned High Court maintained the judgment of the Appellate Court vide judgment dated 8th July, 2004, as a result whereof the revision petition filed by the petitioner/defendant was dismissed.
3. Learned counsel contended that petitioner/defendant has been non-suited by the learned High Court on non-sustainable grounds otherwise, in presence of registered sale-deed, it has been established that the house in his possession bears No,2501 and as far as the respondent/plaintiff is concerned, he has nothing to do with this as his house bears separate number i.e, 2502.
4. On the other hand, learned counsel appearing for caveator stated that overwhelming evidence has been produced by the respondent/ plaintiff to establish that actually House No,2501 (possessed by the petitioner/defendant) is House No,2502, but wrongly he considers it to be his house and the learned Additional District Judge as well as High Court on having taken into consideration the material available on record has correctly drawn the conclusion in his favour, therefore, impugned order being just and proper needs no interference by this. Court.
5. We have heard both the sides and have also gone through the available record thoroughly. It is noteworthy that matter only pertains to the identification of both the properties i.e, House Nos.2501 and 2502 and controversy could be resolved by examining the old Revenue Record being maintained by the Tehsil Office Khushab because the documents of title possessed by both the sides contains different descriptions. As it has been observed hereinabove that as far as registered sale-deed, which exists in favour of petitioner/defendant, is concerned, it reveals that the house purchased by him bears No,2501, whereas the permanent transfer order, on the basis of which the respondent/plaintiff drives his title, contains that House No,2502 has been purchased by him in open auction. To resolve the controversy it would have been more appropriate by the Civil Judge to have undertaken an exercise of examining the old Revenue Record, in the interest of justice, with a view to identify the exact location of both the houses i.e, Nos.2501 and 2502. As valuable rights of the parties are involved in the case, therefore, the revision filed by the petitioner may have not been dismissed solely on the ground that findings of fact of one of the Courts below exist in favour of respondent/plaintiff.
Thus, in view of above discussion, instant petition is converted into appeal and allowed as a result whereof judgments dated 12th November, 1987, 25th April, 1992 and 8th July, 2004 passed by trial Court, Appellate Court and High Court, respectively are set side and case is remanded to the learned civil Judge Khushab with direction to him to summon the old Revenue Record, pertaining to underneath land of the houses including "Shajra Khistwar", "Massavi", "Register Haqdaran Zamin" to ascertain the exact location of both the houses and thereafter appoint a Revenue Officer as a Local Commissioner with direction to him to visit the site in presence of parties or their representative and identify/demarcate both the houses in view of above noted documents and submit report, and then to dispose of the matter within a period of three months positively, without fail. The Civil Judge is further directed to send the copy of the judgment to the Registrar of this Court, who will place the same before us for our perusal in Chambers. No order as to costs.