Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and possession---Contention of plaintiff was that he was owner of suit property which was temporarily handed over to the defendant for his residence---Suit was dismissed concurrently---Validity---Suit property had been delivered to the parties after its partition---Plaintiff had failed to prove his case by adducing cogent and unimpeachable evidence---Defendant had proved his version through reliable and unimpeachable evidence---Courts below had properly evaluated evidence of the parties and arrived at a right and just conclusion---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional power of Chief Court---Scope. Revisional powers under section 115, C.P.C. of Chief Court are limited and can only be exercised when the petitioner/plaintiff succeed in establishing that the s of courts below suffer from legal infirmities hedged section 115, C.P.C. or revisional jurisdiction can only be invoked if some patent illegality is floating on the surface of record. JUDGMENT ALI BAIG, J.---This civil revision petition under section 115, C.P.C. has been preferred against the impugned judgment/decree dated 27-8-2015 passed by the learned Addl. District Judge Gilgit, whereby the learned 1st Appellate Court has dismissed civil first appeal of the present petitioner/plaintiff and has maintained the judgment/decree dated 31.5.2002 passed by the learned trial court. 2. Succinctly facts necessary for disposal of the instant civil revision petition are that the present petitioner/ plaintiff instituted a suit for declaration and possession of suit property fully described in the heading of plaint against the respondents /defendants in the trial court claiming that the present petitioner/ plaintiff was exclusive owner of suit property/house, which was given to the respondent/defendant No.1 for his residence temporarily as the respondent/ defendant No.1 is first cousin of the present petitioner/plaintiff and he had no residential house at village Nomal,…

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