Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Allotment of land---Review of mutation---Past and closed transaction---Scope---Plaintiffs, through suit for declaration, assailed order of Deputy Commissioner whereby he had held that mutation in favour of plaintiffs was sanctioned on the direction of incompetent authority---Trial Court and appellate court decreed the suit and dismissed the order of Deputy Commissioner---Validity--- Notification issued by Secretary had addressed Assistant Commissioners to grant proprietary rights to all the occupants---Plaintiffs had, under the direction of the concerned Assistant Commissioner, deposited requisite cost/price---Deputy Commissionerhad passed a non-speaking and terse order without issuing any notice and hearing the plaintiffs---No evidence was available on record to establish that land in dispute was got allotted while committing fraud and forgery---Matter became a past and closed transaction after grant of proprietary rights and sanctioning of mutation---No legal infirmity was found in the concurrent findings of the courts below---Revision petition was dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD AMEER BHATTI, J.--- The concurrent findings of fact recorded by both the learned Courts below, whereby the respondents' suit for declaration was decreed and appeal whereof filed by the present petitioners was dismissed vide impugned judgments dated 31.10.2009 and 29.06.2010, respectively, have been called-in-question through this revision petition. 2. The respondents who are non-claimant of Jammu and Kashmir refugees got the land-in-dispute transferred, incorporated in their names in the revenue record and mutations were sanctioned on the basis of completion of all the formalities including deposit of its requisite cost. Subsequently the Deputy Commissioner/Collector vide order dated 31.07.2001 allowed to review the said mutations holding that the properties were transferred in the name of the present respondents on the direction of incompetent authority who lacked jurisdiction to pass such orders, therefore, sanctioning of mutations in favour of the present respondents was illegal, unlawful; hence,…

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