Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration on the ground that plaintiffs' predecessor-in- interest was allotted 120-Kanals of land under Settlement Scheme but at the time of making transfer of the land after receiving entire price only 113-Kanals and 14 marlas of total land was transferred to him--Department contested suit on the ground that disputed land was not allotted to the plaintiffs as it was Ghair Mumkin Parao---Trial Court dismissed suit of the plaintiffs---Appellate Court on appeal, reversed findings of the Trial Court and decreed the suit---Validity---One of the department's witnesses admitted that 120 Kanals of land was allotted to predecessor -in-interest the plaintiffs and the disputed land was not allotted as same was a Ghair Mumkin Parao; however no document in support of said contention had been produced by the department---Appellate Court had found that plea taken by department that disputed land was not allotted to the predecessor-in-interest of the plaintiffs on the ground that it was Ghair Mumkin Parao, was not taken in the written statement; therefore, no evidence could be led in support of said contention and finding by the Appellate Court was in accordance with law---High Court did not find any illegality in the impugned and decree passed by Appellate Court---Revision petition was dismissed. THIS JUDGMENT DELIVERED BY: NASIR SAEED SHEIKH, J.--- This civil revision is directed against the judgment and decree dated 27-5-2003, passed by the learned Additional District Judge, Bhakkar, whereby the appeal preferred by the respondents against the dismissal of their suit by the learned Civil Judge vide judgment and decree dated 31-1-2003 was accepted and the judgment and decree of the learned Civil Judge was set aside. 2. Briefly stating the facts of the case are that the predecessor-in-interest of the respondents Alam Khan son of Karim Baldish was allotted land measuring 120 kanals under Rehabilitation Scheme by the Government of Punjab. Admittedly, the Government of Punjab allotted 120 kanals of land to the respondents and received the entire sale price from the predecessor-in-interest of the respondents. However, at…

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