Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Judgments at variance---Declaration without possession---Effect---Petitioner / plaintiff claimed to be owner in possession of suit land and sought cancellation of mutations attested in favour of respondent / defendant---Trial Court decreed the suit in favour of plaintiff but Lower Appellate Court dismissed the same---Validity---Petitioner asserted that he was in possession of suit land but he in his statement conceded that possession of suit land was with respondent / defendant---Petitioner / plaintiff was precluded to claim decree of declaration as owner of suit land unless relief of possession was sought---Relief of declaration is an equitable and discretionary relief---Petitioner / plaintiff twisted some material facts and produced only anecdotal evidence in support thereof which made him ineligible to claim relief of declaration---Lower Appellate Court rightly interfered with judgment passed by Trial Court---High Court in exercise of revisional jurisdiction declined to interfere in the matter as petitioner / plaintiff failed to point out any illegality or material irregularity in judgment passed by Lower Appellate Court---Revision was dismissed, in circumstances. Faqir Ali and others v. Sakina Bibi and others PLD 2022 SC 85; Ghulam Farid and another v. Sher Rehman through LRs. 2016 SCMR 862; Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729; Salamat Ali and others v. Muhammad Din and others PLD 2022 SC 353; Haji Muhammad Yunis (deceased) through legal heirs and another v. Mst. Farukh Sultan and others 2022 SCMR 1282 and Mst. Rabia Gula and others v. Muhammad Janan and others 2022 SCMR 1009 rel. Mst. Faheeman Begum (deceased) through L.Rs and others v. Islam-ud-Din (deceased) through L.Rs and others 2023 SCMR 1402; Muhammad Akram through L.Rs. v. Mst. Noor Begum through L.Rs. and others PLD 2019 SC 599; Muhammad Nawaz through L.Rs v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300; Amjad Ikram v. Mst. Asiya Kausar and 2 others 2015 SCMR 1; Muhammad Hafeez and another v. District Judge, Karachi East and another 2008 SCMR 398 and Mst. Saeeda through her son…

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