Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration based on proprietary title and confirmation -of possession relating to land in question which had been declared to be State property by Provincial Government through notification---Plaintiffs also sought annulment of the notification whereby land in question was declared to be State property---Suit was decreed by Trial Court but dismissed in appeal---High Court in revision affirmed dismissal of suit---Validity---Appellate Court was justified in reversing finding of Trial Court on crucial issue as to location of property in question, and had based its decision on proper material placed on record and had drawn correct inference therefrom---High Court was right in not interfering with finding on material question in circumstances of case---Judgment of High Court warranted no interference---Leave to appeal was refused in circumstances. Madan Gopal v. Maran Bepari PLD 1969 SC 617 ref. Muhammad Zahoor Qureshi Azad, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 29th May, 1997. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---By this petition, the petitioners seek leave to appeal against the order dated 20-3-1996 of a learned Single Judge of the Peshawar High Court, Peshawar, whereby their Civil Revision (C.R. 321 of 1989) directed against the judgment and the decree of the District Judge was dismissed. 2. Brief facts of the case are that the plaintiff-petitioners instituted a suit against the respondent-Government and its two functionaries in the Court of Senior Civil Judge, Malakand, at Batkhela, wherein, besides claiming a decree for declaration of their proprietary title to and confirmation of their possession over the disputed land, they had sought the annulment of Notification No. 10/6­HSO (SOTA)-11/72, dated 25-5-1972 issued by the Government of N.-W.F.P. declaring the disputed land to be the State property. The factual background narrated in the revisional judgment giving rise to Civil Revision No.321 of 1992 are that the disputed land had been confiscated by way of punishment under custom by the erstwhile Nawab of Dir in the…

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