Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--   ---S.42--Civil Procedure Code (V of 1908), S.115--Suit for declaration--Petitioners suit for declaration to the effect that they were owners in possession of suit land having been dismissed by Trial Court, appeal and revision also dismissed--Argument of petitioners counsel that evidence on facts had not been properly appraised by Courts below found to be without any force as the civil revision was dismissed because no material irregularity had been pointed out in concurrent findings of Courts below--Findings of fact having been established against the petitioners and no point of law having been raised, petition for leave to appeal, held, was without any substance.   ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Feroze and Bashir petitioners and is directed against the judgment of the Lahore High Court Lahore dated 12th August, 1987 passed in Civil Revision No.686 of 1987. Briefly the facts are that the petitioners instituted a declaratory suit against Inayat Hussain respondent to the effect that they were owners in possession of the suit land being heirs of their real brother Muhammad Sharif the last male holder. They challenged the inheritance mutation of the said land sanctioned in favour of Inayat Hussain respondent by the Revenue authorities considering him as the son of said Muhammad Sharif. One of the main issues framed by the Civil Judge was as to whether Inayat Hussain respondent was not the…

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