' MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner herein, being the defendant in a suit for declaration, filed by plaintiff/respondent No,1, feeling himself aggrieved of the concurrent findings of the two Courts below, whereby the said declaratory suit of plaintiff/respondent was decreed in her favour vide judgment and decree dated 27-4-2010. His appeal against the same also met the same fate vide judgment and decree dated 8-3-2011 of learned Additional District Judge-VII, Mardan, has filed present revision petition.
2. Facts leading to present revision' petition are that the plaintiff/respondent, hereinafter called the respondent, had filed a suit for declaration wherein she claimed herself to be owner in possession of the suit house fully described in the head note-of the plaint measuring 2 Kanals and then also challenged the alleged sale Mutation No,2106 attested on 15-3-2008 in favour of defendant No,1, the petitioner, being based on fraud, misrepresentation, without consideration having no adverse effects on her rights. The claim of the respondent was denied by the present petitioner by alleging that it was a genuine sale in his favour and sale consideration of Rs,1,10,000 was paid to the respondent by him and mutation in this regard was duly entered and attested in accordance with law. The statement of the vendor i.e. The respondent was also recorded before the revenue officials in presence of the witnesses who were also examined and have supported the transaction embodied in the mutation. The respondent in support of her claim appeared herself as P.W.1 and fully supported the narrations made in her plaint. She in her cross-examination categorically stated that she never thumb impressed the impugned mutation. To support her contention, one Muhammad Irfan also appeared as P.W.2 who is the nephew of the respondent whereas defendant No,1, the petitioner is his real uncle. He also supported the version given by the plaintiff. The petitioner on the other hand appeared himself as D.W.1 wherein he has admitted that he has no witness before whom the impugned sale consideration was paid to the respondent. He further admitted that both the identifying witnesses and the Local Commissioner who allegedly recorded the statement of respondent were not related to her. D.W.2 is Malik Hussain who was the Local Commissioner who recorded the statement of the lady whereas D.W.3 Ihsanullah appears to be the identifying witness of the said mutation. The other identifying witness was not produced. Both the witnesses were not related to the respondent what to talk of presence of her well-wishers at the relevant time.
3. The learned trial Court after hearing both the parties passed a decree in favour of respondent and thereby cancelled the impugned mutation. The petitioner then feeling himself aggrieved of the said judgment and decree filed an appeal in the Court of District Judge Mardan which was entrusted to Additional District Judge-VII, Mardan for its disposal. Who on 8-3-2011 after hearing both the parties dismissed the appeal of petitioner and thereby maintained the judgment and decree passed in favour of the respondent. The learned counsel for the petitioner in support of his revision submitted that it was a genuine sale transaction by the plaintiff in favour of defendant petitioner. The document of sale i.e. Mutation was also entered and attested in accordance with provisions of Land' Revenue Act and was accordingly proved. The statement of the vendor i.e. The respondent was recorded in presence of the identifying witnesses by the Local Commissioner and on the basis of that statement, mutation was attested in favour of the petitioner. He further submitted that he proved the sale in his favour in accordance with law but the Courts below have failed to appreciate the evidence available on the record as well as the law on the subject and thereby requested for setting aside of the same.
4. After hearing the learned counsel for the petitioner and going through the record, it becomes clear that the property was originally owned by the respondent. The impugned mutation reflects a transaction of sale by the respondent in favour of present petitioner who happens to be her real brother. It is also an admitted fact that the respondent is an issueless parda-observing widow. Law of the land on the subject is settled that transaction with illiterate, old age persons/illiterate parda observing ladies requires to be considered with great care and caution. In transaction with such persons, it becomes the bounden duty of the beneficiary of the transaction to prove with cogent and reliable evidence that the transaction was with the free-will, without, any undue influence and was with consideration. Here in this case, if the entire evidence on the record is seen, then it becomes clear that both the identifying witnesses as well as the Local Commissioner was not related to the respondent. There was no well-wisher present at the relevant time when her alleged statement was being recorded. The identifying witness D.W.3 also admitted that no sale consideration was paid to the respondent in his presence and similarly the petitioner himself in his cross-examination submitted that there is no witness regarding payment of sale consideration as he himself had paid the sale consideration to the respondent. The overall view of the evidence would establish the fact that the burden to prove the genuineness of the transaction was on the petitioner who failed to discharge the same. So, in this view of the matter, the findings arrived at by the Courts below are correct and in accordance with law. Being concurrent findings of facts and in absence of any misreading and non-reading of evidence on the record, this Court in exercise of its revisional jurisdiction cannot interfere just to substitute its own view. So, in this view of the matter, instant petition being meritless is hereby dismissed in limine with no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.