Law:

Section:

Civil Procedure Code (V of 1908)-----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Compromise was effected between the father of plaintiffs and defendants in the earlier round of litigation, whereby land was transferred in favour of their father in exchange of land to be transferred in favour of defendants---Mutation of exchange of land was attested in favour of father of plaintiffs who failed to transfer the land in favour of defendants in exchange---Defendants filed suit wherein plaintiffs admitted their claim and exchange of land already settled between them and mutation was attested in their favour on the basis of decree---Plaintiffs raised inconsistent plea and failed to abide by their own covenants to prolong their possession and denied the settled rights of defendants---Plaintiffs were taking benefit under earlier compromise but at the same time declined to accept a decree passed in favour of defendants---Plaintiffs were estopped from challenging the mutation based on a valid decree---Plaintiffs were rightly non-suited under O.VII, R.11, C.P.C. by the courts below---Revision was dismissed in circumstances. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This civil revision is directed against judgment and decree dated 2-7-2010 passed by the learned Additional District Judge, Charsadda, whereby the appeal filed by the petitioners has been dismissed and consequently the judgment and decree dated 17-2-2010 passed by the learned trial Court has been maintained. 2. Brief facts of the case are that petitioners filed Suit No.16/1 en 23-9-2008 against respondents for declaration to the effect that Mutation No.2566 attested on 14-9-2006 is not in accordance with judgment and decree dated 17-1-2006 Dassed in Civil Suit No.187/1 Neem decided by the learned Senior Civil Judge, Charsadda and is ineffective upon the rights of petitioner. Relief for permanent injunction and possession was also sought. This suit was contested by respondents and the main ground of defence was that Mutation No.2566 was attested on the basis of cognovits filed by petitioners thus suit is res judicata and plaint is liable to be rejected under…

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