MUNIR A.SHEIKH, J.- The suit filed by the petitioner for declaration and as a consequential relief for a decree for permanent injunction was dismissed by the learned trial Court through judgment dated 24.1.1988 which was appealed against by the petitioner and upheld by the learned lower appellate Court through judgment dated 6.5.1990 by which the appeal filed by the petitioner has been dismissed.
2. Learned counsel for the petitioner argued that the finding of the two Courts below that the execution of agreement of sale was not established has not been correctly recorded. I have been taken through the evidence produced by the parties and find that the agreement of sale was not produced in evidence. The reliance of the petitioner was merely on oral evidence. The case of the petitioner was that he was in possession of the property through his tenant namely Lai. The said Lai appeared as DW.4 and deposed that he was tenant under defendant No. 1. Learned counsel for the petitioner failed to satisfy me that the concurrent findings of facts recorded by both the Courts surfer from mis-reading, mis-construction or non-reading of any material piece of evidence or that the two Courts below in recording the said findings regarding sale of property against the petitioner committed any material irregularity 'and illegality justifying interference under Section 115 CPC.
3. The learned lower appellate Court passed an order for recovery of an amount of Rs.5,000/- from the petitioner as special costs. I find considerable force in the argument of the learned counsel for the petitioner that the learned lower appellate Court was not vested with any jurisdiction to award special costs to the respondents/defendants.
4. Learned counsel for the respondents frankly conceded that the direction of he learned lower appellate Court for grant of special costs is not sustainable in law. The revision petition is accepted only to this extent, the judgment and decree of the learned lower appellate Court so far as it relates to the grant of special costs of Rs.5,000/- to the respondents is hereby set aside having been passed without jurisdiction. The revision petition qua the dismissal of the suit of the petitioner through impugned judgments and decrees is hereby dismissed. There will be no order as to costs.