Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 11---Res judicata, principle of---Applicability---Where there is a inter parties it prevents a fresh suit between them regarding the same matter---Maintenance of public order repose of society and the quiet of the families require that what has been definitely determined by Competent Authorities is to be accepted as irrefrangible legal truth and it is an admitted position that rule of res judicata is applicable in such cases---if it is not for the conclusive effect of all such determinations there will be no end to litigation and no security for any person---Rights of parties would be involved in endless confusion and great injustice would ensue under cover of law. (b) Specific Relief Act (I of 1877)--- ----Ss. 33 & 42---Civil Procedure Code (V of 1908), Ss.11 & 115--­Declaration and cancellation of document ---Principle of res judicata--­Petitioner claimed ownership over suit property without any legal authority---Petitioner being unauthorized occupant of the property had deprived the real owners to enjoy the benefit of their property for about 50 years---Matter had already been decided in favour of the respondents by the Courts up to Division Bench of High Court---Petitioner once again agitated the same matter between the same parties---Validity---Petitioner had no right of occupation over the suit property---Matter was delayed by the petitioner in the Courts and assumed various manoeuvrings which had resulted in delaying the dispensation of justice---Appellate Court had rightly decided the matter against the petitioner and High Court declined to interfere with the same in exercise of revisional jurisdiction under S.115, C.P.C. 1999 MLD 595; 1999 MLD 824; PLD 1979 SC 203; PLD 1983 SC (AJ&K) 89; NLR 1979 Lah. 614 ref. ORDER This revision application is directed against judgment and decree, dated 15-12-2000 passed by learned IIIrd Additional District Judge in Civil Appeal No. 12 of 2000 titled Mst. Rafiq Begum and others v. Muhammad Yousuf and others whereby the above appeal was allowed and the judgment and decree, dated 3-12-1999 passed in F.C. Suit No.46 of 1990 (Old No.80 of 1989) passed by Learned…

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