Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.VIII, R.2, Ss. 12 (2) & 11---Land Reforms Regulation, 1972 (M.L.R. 115), para. 24 (5)---Plaintiff's claim for entitlement to specific land on basis of consent decree not denied by defendants in statement---Plaintiffs were thus not called upon to prove such decree---Plaintiffs, however, challenged validity of decree but such matter having previously been challenged by them in application under S.12(2), C.P.C. and such application having been dismissed and having not been challenged any further, attained finality, therefore, said plea could not be re-agitated through a new suit---Such matter stood determined between parties and was hit by principles of res judiciata. Muhammad Anwar v. Government of Pakistan, Ministry of Justice and Parliamentary Affairs 1994 SCMR 899; Sakhi Muhammad v. Munshi Khan 1989 CLC 1794; Talib Hussain v. Badrul Islam and another 1989 CLC 1099; Mst. Sughran Bibi alias Mst. Mehran Bibi v. Asghar Khan and another 1988 SCMR 4 and Sardar Ali and others v. Muhammad Ali and others PLD -1988 SC 297 ref. (b) Muhammadan Law--- ----Gift---Defendants challenged gift on basis of non-delivery of possession of land to plaintiff by their father (donor)---Plaintiff during course of trial had filed application complaining that defendants had illegally taken over possession of land forming subject-matter of gift whereupon Court ordered restoration of possession to plaintiffs---Findings of Court on that matter had attained finality having not been challenged any further---Such plea (non-delivery of possession) would be deemed to have been waived in circumstances. Mst. Sughran Bibi alias. Mst. Mehran Bibi v. Asghar Khan and another 1988 SCMR 4 and Haji Muhammad Anwar v. Government of Pakistan, Ministry of Justice and Parliamentary Affairs 1994 SCMR 899 ref. (c) Specific Relief Act (I of 1877)-- ----S.42---Civil .Procedure Code (V of 1908), 5.115---Suit for declaration decreed by two Courts below---Defendants could not satisfy High Court that Courts below had committed any illegality such as misreading or non-reading of record or misconstruction of any document or misapplication of law thereby calling for…

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