Law:

Section:

(a) Civil Procedure Code (V of 1908)--------- ----------S. 9---------Specific Relief Act (I of 1877), Ss.42 & 54---------Suit for declaration and permanent injunction---------Question of title of parties, determination of---------Principle---------Questions relating to title of parties were to be decided and adjudicated upon by Civil Court of competent jurisdiction under S.9 of Civil Procedure Code, 1908. Mohhabat Khan v. Abdul Hameed 2016 YLR 1120 and Din Muhammda and 6 others v. Mehar Ali Khan and 2 others PLD 1978 Kar. 267 rel. (b) Civil Procedure Code (V of 1908)--------- ----------S.115----------Revision jurisdiction of High Court---------Scope---------Interference in concurrent findings of lower courts---------High court seldom interferes in concurrent findings arrived at by Courts below while exercising power under S.115, C.P.C. unless and until finding on the face of it were against the evidence or so patently improbable or perverse that to accept the same could amount to perpetuate a grave miscarriage of justice or if there had been any mis-application of principles relating to appreciation of evidence or if findings could be demonstrated to be impossible, absolutely illegal and unwarranted under the law. (c) Qanun-e-Shahadat (10 of 1984)--------- ----------Art. 34---------Admission of fact before the court---------Proof---------Facts admitted need not to be proved especially when such admission had been made before the Court. (d) Punjab Land Revenue Act (XVII of 1967)--------- ----------S. 147---------Affirmation of private partition/partition without intervention of Revenue Officer---------Principle---------Partition had been made without intervention of Revenue Officer; any party may apply for affirmation of partition---------Such seeking of affirmation was optional and the document did not lose its efficacy if no resort was made to the Revenue Officer. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE:-------------- Through instant revision petition filed under Section 115 of Code of Civil Procedure, 1908, the legal heirs of Nazir Ahmad (deceased) have assailed judgments and decrees dated 21.09.2013, passed by learned Civil…

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