The learned counsel for the petitioner present and heard at length. Record of the case perused carefully.
2. The learned counsel has failed to convince me that the lower forums have either misread or non-read the evidence produced before them by the parties. A perusal of the impugned judgments would show that the lower forums have assessed/appreciated the evidence properly and after discussing the same, have given valid reasons for their conclusions. In the circumstances I am of the view that the lower Courts have committed no illegality/material irregularity and that their judgments are neither arbitrary nor perverse.
3. This petition is without any force and is dismissed in limine.
4. However, a perusal of the cross-examination of the plaintiff/respondent when he was being examined as P. W. 1 would show that he had stated in his cross-examination as under:-----
5. It is, therefore, observed that the petitioner shall deliver and the respondent shall take the Timber Depot Lot No.245 at Chakdara.