Law:

Section:

Specific Relief Act (I of 1877)--------- ----------S. 42---------Civil Procedure Code (V of 1908), S. 12(2)---------Suit for declaration---------Maintainability---------Consent decree---------Cancellation of---------Suit for declaration for cancellation of compromise decree was filed which was decreed---------Contention of defendant was that plaintiffs were to challenge the decree through an application under S. 12(2), C.P.C. rather to file a fresh suit-Validity-Plaintiffs challenged the consent decree and mutation sanctioned thereof on the basis of said decree on the grounds of being illegal, fictitious, based on fraud and inoperative on their rights---------Plaintiffs had also challenged the validity of the and decree on the other grounds apart from those mentioned in S.12(2), C.P.C.---------Suit for setting aside the and decree was competently filed and defendant had failed to prove the ownership in the land in dispute---------Findings recorded by the courts below were based on cogent reasons---------No misreading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the courts below---------Appeal was dismissed in circumstances. Mst. Gulzar Begum v. Asif and others 1994 SCR 116 and Abdul Ghani Farooqi v. Chairman, AJ&K Council and 2 others 1999 PLC (C.S.) 1527 ref. Muhammad Bashir Khan v. Muhammad Sharif and 2 others 2011 SCR 214; Safdar Ali Khan v. Azad Govt. and 2 others 2010 MLD 1980 and Muneer Hussain Shah and others v. Kazim Hussain Shah and others 1999 CLC 828 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, JUSTICE:--------- The titled appeal, by leave of the Court, has been directed against the judgment and decree passed by the High Court on 20.2.2013, whereby Civil Appeal No.22 of 2007 filed by the appellant, herein, has been dismissed. 2. The facts relevant for the disposal of instant appeal are that the plaintiff-respondents, herein, filed a suit for declaration and cancellation of decree dated 27.1.2000 in the Court of Senior Civil Judge, Bhimber on 7.7.2003. It is alleged that the land bearing khasra No.140/1 measuring 64 kanal is in the ownership and possession of the plaintiff. New numbers of this…

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