Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 56---Cantonments Act (II of 1924), S. 273---Civil Procedure Code (V of 1908), S. 100----Suit for declaration---Maintainability---Plaintiffs filed suits for declaration for rectification of property numbers mentioned in conveyance deed---Both trial court and appellate court dismissed the suits---Contention raised by defendant was that the suits were barred under Ss. 42, 54 & 56 of Specific Relief Act, 1877, in view of S. 273 of Cantonments Act, 1924 and under limitation law and that second appeal was not maintainable on question of fact---Plea taken by plaintiff was that and decree of courts below were the result of misreading and non-reading of record---Validity---Plaintiff had not challenged the sale deed and had only sought correction in respect of property numbers, which had resulted from mutual mistake of parties---Only dispute between parties was as to identification of suit properties which the courts below failed to appreciate---Courts below totally misunderstood the case of plaintiff and misread record and evidence---Findings of courts below being outcome of misreading and non-reading of evidence were not immune from interference in second appeals---Report of court commission also supported plaintiff's assertion, which defendants had failed to challenge---Courts below failed to decide and redress grievance of plaintiff in accordance with law---Defendants had not produced any evidence and filed only their written statements which was not substitute of evidence---Defendants had neither cross-examined plaintiff's witnesses nor had produced their own evidence, and plaintiff's evidence therefore remained unchallenged and unrebutted---Contradictions existed in record and assertions made by defendants---Suits were within time as plaintiff had only sought correction as to identity of suit properties and cause of action had accrued when for the first time such mistake had come to her knowledge---Objection as to improper valuation of the suit was also baseless as plaintiff had only sought declaratory relief regarding correction of suit properties---Bar of S.273 of Cantonments Act, 1924 was not…