Law: Specific Relief Act, 1877

Section: 42,39,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 39 & 54---Suit for declaration, cancellation of mutation, partition and permanent injunction---Shamilat land---Co-sharer---Scope---Plaintiffs filed a suit for declaration, cancellation of mutation, partition and permanent injunction claiming that their father had purchased land measuring 10 rods 16 poles vide a mutation along with share of water and shamilat; that defendants mutated the land in their favour without lawful authority and as such was liable to be cancelled---Suit was resisted by the defendants---Suit was decreed by the trial Court and appeal was dismissed---Validity---Record transpired that the suit property bearing khasra No. 667 was mutated as Shamilat land---Subsequently the petitioners transferred it vide a mutation in their names---Admittedly, the father of the respondents/plaintiffs purchased the land having seven khasra numbers from a private person and became owner of the property---Shamilat land did not belong to one land owner rather the land owner of the respective area---Thus, there was no valid ground for transfer of the Shamilat land in the names of petitioners---Petitioners had not disputed the document produced by the respondents---Even at the time of exhibition of document the petitioners had not objected meaning thereby that the documents were exhibited without objection---Judgment recorded had presumption of its correctness and credibility was attached to the proceeding before judicial forum---Strong and unimpeachable evidence was required to rebut the presumption which was lacking in the case in hand---Mere bald assertion without any documentary proof could not rebut the judicial proceeding---Petition being devoid of any merit was dismissed, in circumstances. Mst. Rehmat Bibi through legal heirs v. Haji Allah Dewaya 2009 CLC 390; Ghulam Muhammad v. Qadir Khan PLD 1983 SC 68 and Muhammad Ramzan's case 2002 SCMR 1336 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of the High Court---Scope---Revisional jurisdiction of High Court is supervisory in nature---Jurisdiction under S.115, C.P.C. cannot be invoked against the conclusion of law or fact…

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