Law: Specific Relief Act, 1877

Section: 42,8

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 8---Suit for declaration and possession---Scope filed suit for declaration and recovery of possession of the suit land on the basis of allotment order issued by the revenue authorities in his favour---Provincial Government, being custodian of the state land, had also filed written statement wherein it had admitted the allotment in favour of the plaintiff had proved his case by producing cogent reliable oral as well as documentary evidence and the defendants had failed to rebut the same by producing reliable evidence---Courts below had passed the impugned and decrees after proper appreciation of the material available on record---Revision petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Revisional jurisdiction is meant for correction of jurisdictional error and material illegalities or irregularities and in absence thereof, the concurrent findings cannot be interfered with. JUDGMENT MALIK HAQ NAWAZ, C.J.s have preferred this civil revision petition against the judgment and decree of the learned Additional District Judge Skardu, whereby the learned appellate Court has dismissed the appeal bearing C.F.A. No.11/2014 on 30-9-2014 and thereby confirmed the judgment and decree of learned Civil Judge 1st Class Skardu passed in Civil Suit No.18/2008 on 15-5-2014 in favour of the plaintiffs against the defendants. 2. Facts of the case in hand has been elucidated by the learned Additional District Judge in para-2 of his judgment passed in C.F.A. No.11/ 2014, the same are reproduced below:-- that late plaintiff/respondent (herein after called the plaintiff/ plaintiffs filed Civil Suit bearing No.18/2008 against the appellants/ respondents Nos. 2 to 5/ defendants (herein after called the defendants) for declaration and recovery of possession of suit land mentioned in heading/schedule A of the plaint on the grounds that suit land was allotted in favour of plaintiff vide office bearing No-DK-4(2)/89 of Collector Baltistan dated 12th December, 1989 on the order/ directive of Minister of Kashmir and Northern Areas affairs dated 8th July, 1989 against consideration of…

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