Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Suit for possession and specific performance of agreement---Plaintiff had filed suit for possession in respect of suit-land and defendant filed suit for specific performance of agreement which allegedly was executed by plaintiff in his favour---Trial Court allowed suit for possession and dismissed suit for specific performance of agreement---Appellate Court reversed findings of Trial Court holding that defendant had proved execution of agreement of sale of suit-land in his favour---Defendant had produced two witnesses to prove agreement of sale in his favour, but major contradictions existed in the statements of said witnesses about the manner in which agreement was drafted and was allegedly thumb-marked by all those who were shown to have executed and witnessed said document---Stamp paper on which said agreement was executed, had been purchased from the district other than the district where land in dispute was situated and both districts were at distance of about 40 miles---Stamp paper was also not shown to have been directly purchased by the executant himself, but was purchased through another person---Defendant had neither examined stamp vendor nor the person named at the back of stamp paper who had purchased the same on behalf of the executant---Reasons given by Trial Court for dismissing suit filed by defendant for specific performance of agreement which were based on record were more weighty than Appellate Court---Appellate Court without considering facts on record, in a sketchy and for unfounded reasons and without applying mind, decreed the suit for specific performance of agreement---Judgment and decree passed by Appellate Court, could not be sustained and would be viewed to have been passed with material irregularity and erroneous exercise of jurisdiction---High Court set aside and decree passed by Appellate Court and upheld and decree passed by the Trial Court. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revision---"Case decided" by subordinate Court was to be assailed in revision unlike the decree in appeal and if decision was set aside, the decree based thereupon would…

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