1. ' USMAN ALI SHAH, J.--The petitioners seek leave against the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 23-11-1988, passed in Civil Revision No,206-D of 1985, whereby, the District Judge Attock vide his judgment dated 25-4-1985 dismissed the appeal of the petitioners against the judgment of the Civil Judge Pindi Gheb dated 14-4-1984, was dismissed by the impugned judgment.
2. ' Brief facts of the case are stated to be that one Noor Khan had sold his occupancy tenancy rights of the disputed land measuring 3 kanals 10 marlas to the ' petitioners by a registered deed dated 17-3-1972 alongwith some other area situate in village Pindi Gheb for a sale consideration of Rs,5,000 vide sale deed Ex.P-1. The petitioners deposited Rs,61.05 in the treasury for acquisition of the proprietary rights in the land vide challan Ex.P-2. The petitioners alleged that Hafiz Shamshad Hussain respondent herein had gifted the land in dispute to Noor Khan vide mutation No,6189 dated 20-8-1970. The respondent moved an application to the Collector (Consolidation) for review of the said mutation on the ground that it was got signed fraudulently and without his consent. The Collector vide his order dated 26-9-1977, after recording evidence in the matter held that the said mutation was got signed in absentia of the respondent and thus was procured by fraud. The Collector also issued a direction that the said mutation be reviewed. In pursuance to the said direction mutation No,7742 was entered in the name of the respondent.
3. ' The petitioners brought a suit before attestation of the above mentioned mutation, challenging the order dated 26-9-1977 of the Collector, on the basis of which the said mutation was entered, claiming themselves to be the owners in possession of the disputed land. The respondent contested the suit. On the pleadings of the parties, the learned trial Judge framed contesting issues and after recording evidence in the matter, dismissed the suit of the petitioners vide his judgment dated 27-4-1984. The petitioners made an appeal before the District Judge, Pindi Gheb which also failed vide judgment dated 25-4-1984. Being aggrieved, the petitioners filed Civil Revision No,206/D of 1985, before the Lahore High Court, Rawalpindi Bench, Rawalpindi. A learned single Judge of the High Court who heard the revision the same vide. Impugned judgment. Hence; this petition for leave.
4. ' We have heard the learned counsel for the petitioners and perused the record. The learned counsel for the petitioners contended that the land in dispute was gifted over to Noor Khan son of Ahmad Khan by the respondent vide mutation No,6189 attested on 20-8-1970 and the occupancy tenancy rights of which were subsequently sold to the petitioners vide registered deed on 21-3- 1972. The record of the case shows that the petitioners neither examined the revenue staff who attested the mutation to identify the respondent who claimed his absence at the time of the alleged attestation, to he the actual person who had signed the mutation nor impleaded Noor Khan from whom the petitioners alleged to have purchased the suit land. This fact clearly shows mala fides to have been committed at the time of attestation of mutation No,6189. Thus the petitioners have failed to prove their title to be the real owners in possession of the suit land. No point of law was raised by the learned counsel for the petitioners but the points raised by him are with regard to a question of fact which has already been adjudicated upon by the learned Courts below in their concurrent findings, after proper consideration of all the material on record, which was rightly not interfered with in the civil revision by the learned Single Judge of the High Court. We, therefore, find no reason for any interference by this Court. The result is that the petition is dismissed and leave refused.