Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief (Punjab Amendment) (Repeal) Ordinance, 1983

Section: 42,54

Civil Procedure Code, 1908 (V of 1908)--

-----S. 115--Specific Relief Act, (I of 1877), Ss. 42 54--Suit for declaration, permanent and mandatory injunction--Dismissed--Appeal--Accepted--Shamlat deh--Forcibly blockage of passage--Entitlement for using of passage--Appearance of local commission in Court as evidence--Non-supporting of version of petitioners by DWs--Challenge to--Depositions of DWs are against factual position and DWs have not supported version of petitioners/ defendants--Appellate Court has properly perused pleadings, statements of PWs and DWs as well as documentary evidence by discussing in detail and thereafter reached at conclusion regarding controversy--Hence, findings of appellate Court are maintained upheld--With respect to interference in findings of appellate Court where there is inconsistency between trial Court and appellate Court--Appellate Court has thoroughly examined entire evidence
of parties and thereafter reached at conclusion regarding controversy--Neither any misreading or non-reading of evidence on record nor any infirmity, legal or factual, has been pointed out in impugned and decree passed by learned appellate court--Revision petition was dismissed. [Pp. 144] A, B C

Order

Brief facts of the present revision petition are that the respondent/plaintiff filed a suit for declaration alongwith permanent and mandatory injunction against the petitioners/defendants with the averments that he is owner in possession of the suit land and he is residing in the house after raising construction over Shamlat Deh. He is using the street as passage and there is no other way available for the respondent/plaintiff. The petitioners/defendants, who are neighbourers of the respondent/plaintiff forcibly blocked the passage and when the respondent/plaintiff asked the petitioners/defendants not to block the way of respondent/plaintiff they refused to accord with the demand of plaintiff, hence, the suit. The petitioners/defendants contested the suit by filing written statement and by raising legal as well as factual objections. Out of divergent pleadings of the parties, issues were framed by the learned trial Court. The parties produced their respective evidence and after recording the same, learned trial Court dismissed the suit of the respondent/plaintiff vide judgment and decree dated 07.02.2017. Feeling aggrieved, the respondent/ plaintiff filed an appeal and the learned Additional District Judge vide judgment and decree dated 06.06.2017 decreed the suit of the respondent/plaintiff while accepting the appeal. Being dissatisfied, the petitioners/defendants has filed the instant Revision Petition and challenged the validity of the judgment and decree dated 06.06.2017 passed by the learned Appellate Court.

2. I have heard the arguments advanced by the learned counsel for the parties and perused the record.

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