Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Both courts below had passed s/orders, partly in favour and against plaintiff---Defendants did not assail /order passed by the Trial Court---Both orders of the two courts below were operative against defendants, as many parts of the findings of the two courts below were against the defendants---Appellate Court had found claim of the plaintiff beyond certain area of suit land was unfounded and not proved---Said remarks of the Appellate Court had shown that claim of the plaintiff was correct to the extent of said area out of the suit land, but as to the remaining part of the suit land same was unfounded---Plaintiff failed to point out any evidence showing his title to remaining area of land which was in possession of defendant No. 2. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- This civil revision has been directed against the order dated 26-10-2013 passed by the learned District Judge Gilgit in CFA No. 44/2012, whereby, the learned first appellate court has passed the following order:- "In view of above and subject to aforesaid the claim of the plaintiff beyond 2 kanals of land originally allotted to him was unfounded and not proved therefore the suit was liable to be dismissed and the impugned judgment being valid is liable to be maintained. Consequent upon the above this appeal is hereby dismissed as meritless. Impugned judgment passed in the suit by the learned trial court is hereby maintained. Record of trial court be returned to them and this file after due completion be consigned to record." 2. Through suit (Civil Suit No. 38/93), petitioner/plaintiff prayed for declaration with perpetual injunction to the effect that suit land is ownership of the petitioner/plaintiff and he is in possession of the same. Petitioner/plaintiff has further prayed for cancellation of order dated 10-04-1993 of respondent No. 1/defendant No. 1. Learned trial court completed all trial proceedings and passed the following judgment/order:-- Issue No. 14/Relief. 20. The upshot of the above issue-wise findings is that the suit of the plaintiff is dismissed holding not…

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