Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Plaintiff had sold the suit property through mutation which was correctly attested in favour of defendant who had further transferred some portion from the said land---Findings of courts below were in consonance with the evidence and no prejudice seemed to have been caused to the plaintiff---Plaintiff had failed to substantiate his claim through convincing, reliable and conclusive evidence while defendants had rebutted his claim through convincing evidence---Courts below had rightly clinched the factual controversy---Plaintiff had failed to point out any illegality by way of misreading and non-reading of evidence---Courts below had passed well reasoned s and decrees---Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Findings on question of fact or law could not be interfered with unless those suffered from jurisdictional defect, illegality or material irregularity---Revisional jurisdiction of the High Court to interfere with the concurrent finding of fact was limited---Process of examination of evidence in exercise of revisional powers was neither permissible nor warranted. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNDZADA, J.--- The present petitioner/plaintiff Qudrat Shah through the instant revision petition has questioned concurrent findings of two Courts below whereby his suit was dismissed by the learned Civil Judge-I Nowshera, vide his judgment and decree dated 13-3-2010 and his appeal thereagainst was dismissed by the learned Additional District Judge-IV, Nowshera vide his judgment and decree dated 21-10-2011. 2. Detailed facts have already been mentioned in the impugned judgment as well in the memo of petition. However, necessary facts out of which the present petition arises are that Qudrat Shah petitioner/plaintiff filed suit against the respondents/defendants for declaration to the effect that he had purchased suit property comprising in Khasra Nos. 8470,5420, 680,681,1507,1520, 4700/424 and 4450/ 421-423 measuring 114 Kanal 5 Marla through Mutation No.5500 attested on 9-4-1981; that Mst. Naseem Akhtar…

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