Main question involved in this civil revision is whether Mst. Zahoor Bibi is daughter of Mst. Hussaini. It was contended by learned counsel for the petitioner that the petitioner placed on record a copy of mutation, EXh.P.I, in which, while making statement before the Patwari, it was admitted by Mst.
Hussaini that Mst. Zahoor Bibi was her daughter. Grievance of learned counsel for the petitioner was that the said document had lot of bearing on the point in issue but the same was not considered by either of the two Courts below. His argument is that as the matter was not properly decided it deserves to be sent back for fresh decision. It was submitted by him that he would be satisfied if the appeal is remanded to the Additional District Judge, Kasur, with the direction that he shall re-decide it after taking into consideration the said copy of the mutation. Learned counsel for the respondents submits that the said mutation would not make any difference qua the concurrent finding of the two Courts below. It was pleaded by him that the statement of Mst.
Hussaini before the Patwari could not be taken into consideration. Be that as it may, the said document being part of the evidence, should have been considered by the learned lower Courts before recording finding in regard to the alleged relationship of the two ladies. Since an important document was not taken into account the concurrent finding of the learned lower Courts does not deserve the sanctity which is normally attached to such findings. I am, therefore, obliged to remand I this matter. Since the petitioner does not want it to go back to the trial Court, it' will be alright if the appeal is remanded to the Additional District Judge, Kasur, who had passed the impugned judgment and decree, with the direction that he shall re-decide it after taking into consideration the above document and the arguments of the parties in regard thereto.
2. Accordingly, this civil revision is accepted, judgment and decree passed by the learned appellate Court set aside and the appeal remanded to the learned Additional District Judge for re- decision in the light of above observations and in accordance with law. Parties shall appear before him on 16th March 1989. There shall be no order as to costs.
3. Learned Additional District Judge shall decide the appeal afresh within two months positively.