Law: Specific Relief Act, 1877

Section: 42,54

Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and injunction---Concurrent findings of fact by two Courts below---Forest department claimed to be owner in possession of suit land and alleged that cutting of trees and raising of construction by defendants was illegal---Trial Court as well as Lower Appellate Court concurrently decided the suit and appeal in favour of Forest department---Validity---No illegality or irregularity were found in both the s passed by two Courts below warranting interference by High Court by way of setting aside the same---Defendants failed to rebut claim of Forest department that land in dispute was not allotted to it or Provincial Government was not owner of the same---Concurrent findings of facts arrived at by two Courts below were on record which normally could not be disturbed by High Court unless it was proved that the same were shocking, ridiculous or artificial---Defendants failed to specify any portion of evidence which had been misread, non-read or misappreciated and only general type of grounds had been raised by defendants---Both the Courts below after proper appraisal of evidence and material available on record passed well-reasoned and exhaustive s after attending each and every aspect of the case---High Court did not find any misreading or non-reading of evidence and declined to interfere in concurrent s passed by two Courts below---Revision was dismissed in circumstances. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), S.11---Suit for declaration and injunction---Res judicata, principle of---Applicability---Suit filed by plaintiffs was dismissed on the principle of res judicata as same having been filed by defendant-department had already been decreed against plaintiffs---Plea raised by plaintiffs was that since their suit was dismissed at the strength of findings recorded by Trial Court in suit filed by defendant-department and the findings were upheld by Lower Appellate Court, yet were sub judice before High Court, therefore, plaintiffs were non-suited at a premature stage---Validity---Plea of plaintiffs though attractive yet intrinsically…

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