Law: Specific Relief Act, 1877

Section: 12,54

Law: Specific Relief Act, 1877

Section: 12,54

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.2,115

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 54---Civil Procedure Code (V of 1908), O.VI, R.2---Suit for specific performance and permanent injunction---Pleadings to state material facts---Plaintiff did not plead all the facts regarding private partition and settlement of property held in the year 1980; possession in respect of the disputed land since 1990 and "faisla" held in the year 2005---New facts could not be pleaded before the appellate forum---Parties were bound by their pleadings and they could not be allowed to deviate from their pleading. Mst. Murad Begum and others v. Muhammad Rafiq and others PLD 1974 SC 322; Mst. Jannat Bibi v. Sher Muhammad and others 1988 SCMR 1696; Sh. Fateh Muhammad v. Muhammad Adil and others PLD 2007 SC 460; Zulfiqar Ali v. Shahadat Khan PLD 2007 SC 582 and Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Specific Relief Act (I of 1877), Ss.12 & 54---Revisional jurisdiction---Scope---Findings of both the courts below were concurrent---High Court would not normally go beyond the concurrent findings of facts recorded by the courts below after appreciation of evidence unless it was shown that findings were perverse, patently against the evidence, or so improbable that the acceptance thereof would tantamount to perpetuating a grave miscarriage of justice---Jurisdiction of High Court under section 115 of C.P.C. was narrow---Findings of both the lower courts were based on correct appreciation of evidence---Civil revision application was dismissed. Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373; Alamgir Khan through his L.Rs. and others v. Haji Abdul Sattar Khan and others 2009 SCMR 54 and Noor Akbar v. Mst. Gullan Bibi 2005 SCMR 733 rel. Sartar Iqbal Panhwar for Applicant. Muhammad Sachal R. Awan for Respondent. Date of hearing: 21st February, 2013. ORDER NADEEM AKHTAR, J.--- This Civil Revision Application has been filed by the applicant against the judgment delivered on 10-12-2011 in Civil Appeal No.61 of 2011 by the learned District Judge, Badin, whereby the applicant's said appeal has been dismissed and the judgment and…

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