Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ---S.8---Suit for recovery of possession---Scope---Plaintiff claimed that he was owner of the suit land which was given to the defendant by fixing rent for rendering services of Fatiha Khawani and Matamdari till the year 2015---Trial Court and appellate court concurrently dismissed the suit---Validity---Plaintiff had failed to adduce relevant, cogent, reliable and credible evidence before the Trial Court rather irrelevant documents and oral evidence was produced before the Trial Court---Suit for delivery of possession was also time barred as the disputed property was in possession of defendant since 1998 and the suit was filed in the year 2011---Appellate court had not committed any material irregularity and illegality while passing the impugned /decree warranting interference by Chief Court by exercising jurisdiction under S. 115, C.P.C.---Revision petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ---S.115---Revision---Concurrent findings---Scope---Ordinarily the concurrent findings of facts are not disturbed in exercise of revisional jurisdiction unless the findings of the two courts below are totally perverse and violation of the provisions of law as well as against the material available on file. JUDGMENT ALI BAIG, J.--- Through this civil revision petition filed under section 115, C.P.C., the petitioner/plaintiff has impugned the judgment/decree dated 31.08.2019 passed by the learned District Judge, Ghanche in C.F.A No.09/2018, whereby the learned 1st Appellate Court has dismissed the civil first appeal of the petitioner/plaintiff by maintaining the judgment/decree passed by the learned trial Court. 2. Brief facts of the case leading to the filing of the instant civil revision petition are that the petitioner/plaintiff had filed a civil suit before the learned Civil Judge 1st Class Doghoni District Ghanche to the effect that the petitioner/plaintiff is the real owner of the suit land fully described in the head note of the plaint. Defendant/present respondent contested the suit by filing his written statement and denied the averments of plaintiff on many legal and factual grounds. 3. Out of divergent…

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