Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ---S. 42---Suit for declaration---Plaintiff had claimed himself to be the owner in possession of suit property since his forefathers---Plaintiff had also claimed prescriptive title through adverse possession---Both the Trial Court and Appellate Court had concurrently dismissed suit of plaintiff, plaintiff was to prove through cogent and reliable evidence regarding his claim to shatter the evidence available on the record in the name of defendants in the shape of revenue record prepared after due diligence during the first ever settlement---Entire evidence of the plaintiff, was not credible, which could be accepted against the entries made in the revenue record of the Settlement Officers--Presumption of truth was always available to the entries made in the record of rights, though same was rebuttable, but the first ever settlement record had got a precedence over the general principle---Entries were made by the Settlement Officers on the basis of evidence produced by the parties regarding their entitlement---Very strong and authentic evidence was required to rebut such presumption of correctness attached to the first settlement in the area---Concurrent findings of fact in absence of any misreading or non-reading of evidence, could not be interfered with, when counsel for the plaintiff was unable to refer any such misreading or non-reading of evidence or any unlawful exercise of jurisdiction by the courts below which could have been made a room for interference.? Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Re visional jurisdiction---Scope---High Court had a very limited jurisdiction and could only interfere when the courts below had failed to appreciate the evidence in its true perspective; or there was any jurisdictional defect in exercise of jurisdiction vested in the courts below? THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner is feeling aggrieved of the judgment and decree dated 25-1-2007 of Additional District Judge/Izafi Zilla Qazi-II, Swat, whereby his appeal against the judgment and decree dated 4-10-2004 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492