MUHAMMAD ALAM, J.---Judgment/decree dated 21-11-2012 passed by the learned District Judge Ghanche has been challenged through this petition. Through impugned order, the learned first appellate court varied the judgment/decree dated 25-05-2012 of the learned Civil Judge Khaplu, Ghanche. For ready reference, I reproduce the operative part of judgment/decree dated 25-05- 2012 of the Civil Judge Khaplu and the impugned judgment/decree, hereunder:- Consequently, suit is decreed in favour of the plaintiff against the defendants Nos.1 to 3 and 5 and he is entitled to get the possession of her mother share measuring 8 kanal cultivated and uncultivated land under Khawait Nos.85 and 87 situated at Moza Kharkoo, with trees and house from the defendants who are in possession and mutation No,4242/1 and gift deed dated 01-05- 1984 are hereby cancelled. Parties to bear their own costs. File be consigned to record after due completion. Sd/- Announced. Civil Judge 1st Class 25-05-2012. Khaplu
13. In view of the foregoing reasons this appeal is partly accepted and findings of the learned trial court to the extent of additional issue No,4 are hereby set aside. To the extent of rest appeal being meritless is hereby dismissed. Decree of learned trial court is modified to I kanal and 11 marlas and four and half sersahi approximately.
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Sd/- Announced. District & Sessions Judge, 21-11-2012. Ghanche.
2. I have heard learned counsel for parties and have gone through the file. In my opinion, pleadings of the parties attained very importance in the peculiar circumstances of the case.
Relationship between parties is admitted. In the case in hand, respondent/plaintiff filed suit praying for declaration to the effect that he is entitled to the possession of the suit land as son of Mst. Bibi (late), who was sister of Mr. Ghulam Mohammad (late). In reply to the plaint, petitioners/ defendants filed written statement. Contents of paras Nos.1 and 2 of the plaint found admitted as correct through parawise written statement. Paras Nos.3 and 4 of parawise written statement are very important, wherein, petitioners/defendants have very specifically averred that Mst. Bibi mother of plaintiff, gifted her share to Mr. Ghulam Mohammad son of Hussain, who was real brother of deceased Mst. Bibi. Mr. Ghulam Mohammad is father of defendants Nos.1, 3 and 4. Mr. Farman Ali, defendant No,1, who was son of Mr. Ghulam Mohammad, while defendants Nos.3 and 4 are daughters of said Ghulam Mohammad. So the burden of proof shifted to the petitioners/defendants. Learned trial court has framed issue No,6 regarding the gift of suit property by Mst. Bibi, mother of plaintiff, in the name of Mr. Ghulam Mohammad, father of petitioners/defendants.
3. Learned counsel for parties debated before me on the question of gift, i.e,, issue No,6 in detail. In this connection it is an admitted fact that issue No,6 contains a question of fact and findings of the learned trial court on this issue are against petitioners/defendants. Learned first appellate court framed points for determination and point No,1 is almost similar to issue No,6. In the impugned judgment, learned first appellate court has also held that petitioners/defendants failed to prove point No,1, i.e,, issue No,6. So, on this important and particular issue, findings of the two courts below are concurrent. Yet another important aspect of the case is that respondent/plaintiff did not challenge the decree/judgment of the first appellate court. So the findings of the learned two courts below on issue No,6 have attained finality against petitioners/defendants and respondent/plaintiff has not challenged the decree/judgment of the two courts below. So, I do not see any irregularity etc. In the impugned order.
4. In the above circumstances, I hold that this petition merits dismissal. . This file be consigned to record.