Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Revision No. 358-M of 2020 with C.M. 1640 of 2020, decided on 18th August, 2022. (a) Specific Relief Act (I of 1877)--- ----Ss. 42 54---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Concurrent findings of two Courts below---Scope---Respondents/ plaintiffs filed suit claiming to be owners of the suit property---Trial Court and Lower Appellate Court decreed the suit and appeal respectively in favour of respondents/plaintiffs--- Validity--- Two Courts below concurrently recorded their findings of facts and law---Such findings were perfectly in accordance with available evidence of parties and did not suffer from any misreading or non-reading of evidence, nor the same suffered from any illegalities or material irregularities---High court declined to interfere in s in decrease pass by two Courts below---Revision was dismissed in circumstances. Abdul Rehman and others v. Mst. Allah Wasai and others 2022 SCMR 399; Muhammad Sabil Khan and others v. Saima Inshad and others 2017 CLC 1184; Nasir Ali v. Muhammad Asghar 2022 SCMR 1054; Salamat Ali and others v. Muhammad Din and others PLD 2022 SC 353 and Muhammad Sarwar and others v. Hashmal Khan and others PLD 2022 SC 13 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court, exercise of---Principle---Provision of section 115 C.P.C. empowers High Court to satisfy and reassure itself that order of subordinate Court is within its jurisdiction---Case is one in which Court has to exercise jurisdiction and in exercising jurisdiction Court has not acted illegally or in breach of some provision of law or with material irregularity or some error of procedure in the course of trial, which affected ultimate decision---If High Court is satisfied that such principles have not been unheeded or disregarded by the Courts below, it has no power to interfere in conclusion of subordinate Court upon questions of fact or law. Mst. Zarsheda v. Nobat Khan PLD 2022 SC 21; Shahbaz Gul and others v. Muhammad Younas Khan and others 2020 SCMR 867 and Khudadad v. Syed Ghazanfar Ali Shah alias S. Inaam Hussain and others 2002 SCMR 933 rel. JUDGMENT MUHAMMAD IJAZ KHAN,…

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