Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Suit for declaration--Decreed--Concurrent findings--Deprivation from inherited property being legal heirs--Respondents were in possession of suit property--Stance of respondents was strengthen by witness of appellants--Challenge to--Entitlement of legal heirs--As per settled law no one can be deprived from his inherited property mere on basis of wrong entry of mutation in revenue record and soon after death of any person property should have been devolved to legal heirs as per fractional shares--Dilating upon concurrent findings of two Courts below, High Court cannot disturb such like findings of fact even if erroneous gross an inexcusable error may except on strong legal ground which may tantamount to interference on a question of law--Appellants instead of rebutting stance of respondents strengthened case of respondents which reveals from statement of one of “Azad Khan” who when confronted in cross-examination admitted that respondents are sons of Mst. Masahib Bibi d/o Gohar Ali Khan and further added in admission that Gohar Ali Khan was grandfather of respondents--It is celebrated principle of law that things admitted need not to be proved--Appeal dismissed. [Pp. 11 13] A, C D 1992 SCR 265, 2013 YLR 2000; 1995 SCR 151, 1997 SCR 226. Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Scope of second appeal--Scope of 2nd appeal is confined only to grounds stated in Section 100 CPC, such right is permissible if impugned decision is contrary to law or same has been rendered without deciding some material issue of law or there has been any error of procedure provided by law. [P. 12] B JUDGMENT The captioned appeal has been directed against the judgment and decree passed by the learned Additional District Judge Rawalakot dated 15.08.2018, whereby, while maintaining the impugned judgment and decree passed by the learned Senior Civil Judge Rawalakot dated 30.08.2017, the appeal filed by the appellants, herein, was dismissed being weightless. 2. Precise facts of the supra titled appeal are that plaintiffs/ respondents, herein, filed a suit for declaration before the Court of learned Senior Civil Judge Rawalakot on…

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