Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877) Ss.42 & 54Civil Procedure Code (V of 1908), S.115Suit for declaration and injunctionRevisional jurisdiction of Chief CourtConcurrent findings of facts by two Courts below/petitioner claimed to be owner of suit land and alleged that defendant/respondent was just a tenantTrial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by plaintiff/petitionerValidityScope of appeal was wider than revision, as revisional jurisdiction was supervisory jurisdictionChief Court/High Court in e JUDGMENT ATIR MAHMOOD, J. Brief facts of the case as narrated in the writ petition are that petitioner Muneeza Nisa and respondent No.1 Ahmed Nawaz were married in the year 2002 and out of this wedlock, four children namely Alishba Ahmed, Mishal Ahmed, Muhammad Manzar Nawaz and Hooriya Fatima were born; that Ahmed Nawaz is living abroad for bread and butter from the very beginning; that Ahmed Nawaz had earlier married with respondent No.3 Khalida Parveen but had no issue from her, therefore, he married with the petitioner; that respondent No.2, who happened to be brother of husband of the petitioner, got lodged a criminal case FIR No.243 dated 04.09.2016 with Police Station Saddar Chakwal alleging that the petitioner, her brother and father had murdered his wife Zahida Parveen; that the petitioner firstly approached sessions court for her bail before arrest but remained fail whereafter her prearrest bail was confirmed by this Court; that after confirmation of her bail, the petitioner moved petition under Section 491, Cr.P.C. for custody of her minor children on 31.01.2017 before learned Additional Session Judge, Chakwal who accepted the petition to the extent of minor daughter Hooriya Fatima but dismissed the same to the extent of remaining children; that the petitioner approached this Court through Criminal Miscellaneous Petition No.521H/2017 challenging order of the Sessions Court but later on withdrew the same in order to approach the Guardian Court for custody of the remaining children; that Ahmed Nawaz moved Guardian Petition through his attorney Muhammad Afzal/respondent No.2 for custody of minor Hooriya Fatima whereas…

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