Law: Specific Relief Act, 1877

Section: I,42,54

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)-------Ss. 42 & 54--- Civil Procedure Code (V of 1908), S. 115--- Suit for declaration and injunction--- Revisional jurisdiction--- Concurrent findings of facts by two Courts below--- Effect--- Respondents / plaintiffs claimed to be owners in possession of suit land on the basis of inheritance--- Trial Court decreed the suit in favour of respondents / plaintiffs and appeal filed by petitioners / defendants was dismissed by Lower Appellate Court, as they could not establish authenticity and legality of sale deeds in their favour---Validity--Petitioners / defendants were unable to demonstrate any misreading/nonreading of evidence or perversity in findings of fora below falling within the scope of S.115, C.P.C.--- High Court declined to interfere in judgments passed by two Courts below as view taken through concurrent findings was reasonable and sustainable on the basis of evidence on record--- Revision was dismissed, in circumstances.Dates of hearing: 6th and 14th May, 2024.JUDGMENTYOUSUF ALI SAYEED, J.---The captioned Revision assails the concurrent findings of the fora below, commencing with the Judgment and Decree dated 14.12.2010 of the learned Senior Civil Judge Tando Muhammad Khan in F.C Suit No.72 of 2008 instituted by the Respondents Nos. 1 to 8 and culminating in the Judgment and Decree of the Additional District Judge, Tando Muhammad Khan, dated 21.01.2015, dismissing Civil Appeal No.21 of 2011 preferred by the Applicant.2.    The backdrop to the matter is that the Respondents Nos. 1 to 8 had filed the Suit for declaration and permanent injunction against the Appellants, claiming ownership and possession of certain lands on the basis that the same had been owned by their father, Yar Muhammad Shah, who had remained the owner and in possession thereof until his death on 17.03.2002, whereupon they had inherited the same as his legal heirs with the foti khata badal entry being made in their favour, whereas an Appeal was later filed by the Appellants under Section 161 of the Sindh Land Revenue Act, 1967, claiming that the lands had been purchased by them from Yar Muhammad Shah through sale deeds…

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