Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.100---Contract Act (IX of 1872), S.20---Suit for declaration---Appellate jurisdiction of High Court in second appeal---Mistake as to matter of fact---Effect---Plaintiffs in their suit had assailed and decree passed in earlier suit on the ground that parties in that suit were under a bona fide mistake as to suit property--­Plaintiffs had also asserted that the agreement on basis of which decree was passed was void as both parties were under mistake as to matter, of fact essential to the agreement---Trial Court decreed the suit and decree earlier passed was declared to be ineffective and inoperative against the rights of the plaintiffs and said findings of the Trial Court were concurred by Appellate Court below---Concurrent findings of fact recorded by both Courts below being perfectly in accordance with the evidence on record,, warranted no interference by High Court in second appeal. JUDGMENT This appeal arises out of the judgment and decree of learned District Judge, Jhelum, dated 8-9-1975 whereby he maintained the judgment of learned Civil Judge, Pind Dadankhan, dated 2-11-1974. 2. Brief facts of the case are that respondents filed a suit against Mst. Karam Bibi and Raj Bibi appellants as well as Mst. Suban etc. pro forma defendants for declaration to the effect that the decree, dated 9-3-1967 on the basis of a compromise in Civil Suit No.13 of 1966 entitled "Mst. Suban Bi etc. v. Mst. Sharaf Bi etc." between the parties was illegal, void, and ineffective against his rights as the parties to that agreement or compromise to the decree were labouring under misapprehension of a fact necessary for the compromise. The case was that in Civil Suit No. 13 of 1966 (Mst. Suban Bi etc. v. Mst. Sharaf Bi etc.) the dispute was about the estate left by Sher Muhammad son of Allah Dad. It was contended in the .plaint that Muhammad Sher was owner of 245 Kanals, 13 Marlas of land which his widow Mst. Sharaf Bi was holding as limited owner. The agreement between the parties to wthat suit arrived at was that defendants Nos. 1 to 8 of that suit be given the Muslim Law share of the estate left by…

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