Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 96---Specific Relief Act (I of 1877), Ss.42 & 54---Conflict of between Trial Court and Appellate Court---View taken by Appellate Court had to be preferred unless same could be shown on face of record that finding of fact of Appellate Court was not supported by material evidence on record; conclusion drawn by Appellate Court was patently illegal; view expressed by Appellate Court was against settled norms for appreciation of evidence or on face of it was perverse. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Jurisdiction of Civil Court---Civil Court was a Court of plenary jurisdiction and was entitled to examine decisions and orders passed by Special Tribunals unless such jurisdiction was expressly barred and provided such Tribunals acted within four corners of authority vested in them and within limits of statute under which such Tribunals were created. Sultan Mehmood v. Government of West Pakistan PLD 1964 SC 302; Hamid Hussain v. Government of West Pakistan 1974 SCMR 356; Shafi Muhammad v. Government of Sindh PLD 1993 Kar. 410; Abdul Sattar v. Settlement Commissioner PLD 1981 Kar. 413 and Majid Ali Naqvi v. Additional District Judge/Ex-officio Settlement and Rehabilitation Commissioner 1970 SCMR 375 ref. JUDGMENT This revision petition is directed against the Appellate Court's judgment, dated 10-6-1985 whereby he set aside the judgment and decree, dated 13-10-1983 passed by Senior Civil Judge, Larkana decreeing the suit of the plaintiffs/petitioners for declaration and permanent injunction. 2. Facts of the case in nutshell are that in satisfaction of verified claim of deceased Amir son of Ujagar father of the plaintiffs suit lands were allotted to the plaintiffs some times in 1957. As some of the lands so-allotted were Muslim properties these were excluded from such allotment. According to the plaintiffs defendant No. l Shitab son of Noor Bakhsh was illegally holding claim in the name of Shitab son of Roora posing himself to be the said person but actually the said claim was bogus and obtained by fraudulent means and misrepresentation. He managed to get lands allotted against his claim on the basis of…

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