Law: Specific Relief Act, 1877

Section: 8,55

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ----Ss. 8 & 55---Suit by parents against sons for possession of house, permanent injunction and claim for maintenance---Contention of plaintiffs was that they were parents of defendants who were disobedient and had made their lives miserable---Defendants contended that they had unregistered transfer deed of house in question---Suit was decreed concurrently---Validity---Plaintiffs were original owners of house in question---Defendants could not prove alleged deed in accordance with law---Plaintiffs had proved their claim by producing reliable, cogent and convincing evidence which could not be brushed aside---Plaintiffs being parents had taken pains in looking after the defendants and now they could not earn their livelihood---Adult offspring were bound to maintain their parents---Trial Court had rightly decreed the suit which was upheld by the Appellate Court---Concurrent findings of facts of courts below were well-reasoned and well-founded---No misreading, non-reading or unlawful exercise of jurisdiction could be pointed out by the defendants---Revision was dismissed. Arabi Reference 1 to 3 Ref. (b) Civil Procedure Code (V of 1908)--- ---S. 115---Revisional jurisdiction of High Court---Scope---Revisional jurisdiction was meant for correction of jurisdictional errors and material illegalities or irregularities and in absence thereof, the concurrent findings could not be interfered with. JUDGMENT MUHAMMAD DAUD KHAN, J.---This revision petition is directed against the judgment and decree of Additional District Judge-III/Izafi Zilla Qazi, Swat dated 11-6-2013, whereby the appeal preferred by the petitioners against the judgment and decree of learned Civil Judge-IV/Illaqa Qazi, Swat dated 15-9-2012, was dismissed. 2. Brief but necessary facts giving rise to the instant revision petition are that respondents Nos.2 and 3/plaintiffs filed a suit for possession and permanent injunction in respect of a house fully mentioned in the head-note of the plaint. In prayer 'Jeem' of the plaint, they sought recovery of maintenance Rs.6000 @ Rs.2000/- per month. It is averred in the plaint that that respondents/plaintiffs are parents of…

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