Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Limitation--- Compromise decree, revocation of--- Fraud--- Effect---Compromise decree was set aside by the courts below---Contention of defendants was that suit was time barred---Validity---Defendants had failed to substantiate their case that land in question remained in their ownership---Person who never remained the owner of suit land could not enter into compromise with other person---Entries made on the basis of compromise decree were fictitious in nature---Compromise decree as well as proceedings of the Court were completed within one day---Compromise decree was nullity in the eye of law as same was based on the document which had no authenticity in law---Question of limitation did not arise as compromise decree was obtained by committing fraud---If any transaction was made through fraud, same had no foundation to stand---Concurrent findings could only be interfered with if there was mis-reading or non-reading of evidence---No mis-reading or non-reading of evidence had been pointed out in the present case---No illegality or infirmity had been pointed out in the impugned and decree passed by the courts below---Appeal was dismissed in circumstances. Mst. Bibi Jan v. Qutab Din and 3 others 2003 SCR 28 rel. (b) Fraud--- ----Fraud would vitiate the most solemn proceedings. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, JUSTICE:---.--- This appeal, by leave of the Court, has been filed against the judgment and decree passed by the High Court on 21.11.2009, whereby Civil Appeal No. 170 of 2005 has been dismissed. 2. The precise facts culminating into this appeal are that Said Muhammad Khan, predecessor-in-interest of respondents Nos.1 to 3 (hereinafter shall be called the plaintiff-respondents) filed a suit for declaration in the Court of Sub-Judge, Rawalakot on 9.6.1990 in respect of land measuring 23 kanals, 14 marlas, situate in village Mutyal Mera, alleging therein that the land was in his ownership. The defendants-appellants with the connivance of the Revenue Authorities got entered in their favour the ownership of land comprising survey No. 712/126. The plaintiff-respondents also…

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