Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Sale deed---Transaction was made from khewat "No. 71" but inadvertently same was written as khewat "No. 70"---Courts below had rightly concurred that transaction was made pertaining to khewat "No. 71" measuring two kanals and sale deed was legally revoked to the extent of land measuring one kanal and four marlas (Khewat No.70)---No illegality or infirmity had been committed by the Courts below---No mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Second appeal was dismissed in circumstances. 2003 YLR 683 distinguished. Akhtar Hussain and others v. Raja Muhamamd Zarin Khan 1993 SCR 114 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Concurrent finding of facts cannot be disturbed in second appeal unless any gross illegality or infirmity is shown to have been committed by the Courts below or the grounds incorporated in S.100 of Civil Procedure Code fulfill the assertion of the appellant. Prem Singh and another v. Mohammad Khurshid and others AIR 1927 Lah. 574; Adalat Khan v. Fazal Hussain and another 1995 SCR 151 and Fazal Karim v. Abdul Manaf and another 1997 MLD 2867 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KIANI, J.--- The captioned appeals have been directed against the judgment and decree passed by the learned Additional District Judge, Hattian Bala, on 24.01.2008 whereby the judgment and decree passed by the learned Civil Judge, Haitian Bala, on 16.09.2006 was maintained. 2. As common questions of facts and law are involved in the captioned appeals, therefore, the same are decided through this single judgment. 3. Common facts forming the background of the Appeals No.56/2008 are that plaintiff/ appellant, herein, filed a suit for declaration-cum perpetual injunction and revocation of sale-deed dated 19.08.1995 pertaining to land Khewit No.70 Khata No.304 min (old) survey No.6 (new) survey No.7 min measuring 3 Kanal 4 Marlas situated in village Gojjar Bandi Tehsil Hattian Bala District Muzaffarabad. On filing of suit the defendant was summoned who appeared before the Court and…

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