Law:

Section:

(a) Specific Relief Act (I of 1877)--------- ----------Ss. 42 & 39---------Suit for declaration---------Maintainability---------Sale deed---------Power of attorney---------Plaintiffs challenged the transaction of sale and power of attorney in favour of defendants---------Suit was decreed by the Trial Court but same was dismissed by the Appellate Court---------Validity---------Plaintiffs had filed suit after 15 years of transaction---------Vendor had never challenged or disputed the impugned sale deed in favour of defendants---------Impugned transaction had been made through registered sale deed or power of attorney---------Suit should have been filed under S. 39 of Specific Relief Act, 1877 for cancellation of documents and not for declaration---------Decree for declaration could be granted for a pre-existing right and no new right could be created through a declaratory decree---------Findings recorded by the Appellate Court were in accordance with the evidence available on the file and law---------No infirmity or illegality had been pointed out in the findings recorded by the Appellate Court---------Revision was dismissed in circumstances. (b) Specific Relief Act (I of 1877)--------- ----------S. 42---------Decree for declaration---------Scope---------Decree for declaration could be granted for a pre-existing right and no new right could be created through a declaratory decree. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:--------- Through this civil revision petitioners have challenged the judgment and decree dated 28.5.2008 passed by learned first appellate court whereby appeal filed by the respondents-defendants was accepted and the judgment and decree dated 23.6.2005 passed by learned trial court decreeing the suit of the petitioners-plaintiffs was set aside. 2. Brief facts of the case are that plaintiffs-petitioners filed a suit for declaration wherein she challenged the transaction of sale by their mother in favour of defendants through registered sale deed No. 264 attested on 27.1.1979 and sale deed No. 2552 attested on 21.11.1982 by plaintiff No. 2 and registered power of attorney No. 397 dated 13.9.1983 on behalf of plaintiffs in favour…

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