Law: Specific Relief Act, 1877

Section: 8 , 42

Law: Civil Procedure Code, 1908

Section: 100 , 115

(a) Specific Relief Act (I of 1877) ---

----Ss.8 & 42 ---Suit for declaration and possession---Non-production of original title documents---Fatal to claim of grant---Allotment of land to a person while such land already existing in the name of another person--Legality---By no stretch of imagination an immoveable property could be allotted to any person while same still existed in name of some other person in the official record---Brief facts were that the petitioner/plaintiff filed a suit for declaration and possession of land along with mesne profits claiming that the land, originally owned by government, was granted to him by the barrage department in 1984 under the land grant policy, with relevant documents such as A-Form and Qabooliyat issued in his favour, whereas, the respondent/defendant denied petitioner's claim and asserted that the land had already been granted to his father in 1979-1980, supported by original title documents---The Trial Court dismissed the suit, and the appellate court upheld the Trial Court's decision, where after, the petitioner/plaintiff filed present civil revision under S.115 C.P.C.---Held: During the course of evidence the petitioner/plaintiff could not produce original order of grant in respect of the suit land issued by the barrage department in 1984---Perusal of official record revealed that the land in question was already granted to father of respondent/defendant No.1 which was not cancelled, therefore, it was clear that the said grant made in favor of father of the respondent/defendant No.1 was still intact when the suit land was allegedly granted to the petitioner/plaintiff--The original order of grant in favor of petitioner was never brought on record--On the other hand, respondent/defendant No.1 produced original title documents---In this view of the matter it was apparent that the grant made in favor of respondent/defendant's father was prior to the alleged grant in favor of petitioner/plaintiff---The claim of the applicant / plaintiff over subject property related to the year 1984 i.e. subsequent to the grant of land in favour of father of respondent/defendant No.1 in the year 1979-1980, thus, the same was apparently unlawful---By no stretch of imagination an immoveable property could be allotted and / or granted to any person while the same still existed in the name of some other person in the relevant record---Although original order of grant was not produced by the petitioner/plaintiff, even then if it was presumed that the land was granted by the concerned department in favour of the applicant / plaintiff in the year 1984, the same was not in consonance with the settled law and by such grant the respondent/defendant No.1 could not be deprived of his legitimate right as the grant made in favour of his father was still intact and effective when the alleged grant of land was made in favour of the petitioner/plaintiff---Civil revision petition was dismissed, in circumstances.

Muhammad Feroze and others v. Muhammad Jamaat Ali 2006 SCMR 1304 ref.

(b) Civil Procedure Code (V of 1908) ---

----Ss.100 & 115---Remedy against the judgment of First Appellate Court--Second Appeal---Civil revision petition, maintainability of---Where Second Appeal under S.100, C.P.C. lies to the High Court, civil revision petition shall not be maintainable against the judgment passed by the First Appellate Court.