Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.5,S.115

Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.5,S.115

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 3,2(a)

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---Suit had concurrently been dismissed by the Trial Court and Appellate Court below---Claim of plaintiffs was that they being legal representatives of deceased allottee of suit property were owners in possession of said property and that defendant/Central Government had no concern with the same---Material contradictions were found between the testimony of plaintiff and documentary evidence brought on record---Since some of the issues framed by the Trial Court were interconnected and interlinked, collective discussion thereon by the Trial Court was not illegal as objected to by the plaintiffs---When issues were interlinked and the same were discussed separately or jointly, would make no difference, unless prejudice was caused to the parties---On legal premises, the suit of the plaintiff had rightly been dismissed by the court below, because claim in favour of predecessors of the plaintiff was unsatisfied and had not been confirmed and no proper allotment had been made in favour of the predecessors-in-interest of the plaintiffs, who had never remained in possession of the land in dispute---Plaintiffs and their predecessors-in-interest kept mum for sufficiently long time and filed declaratory suit after long time and that too without first approaching the functionaries created under repealed law---Two courts below had recorded concurrent findings of fact against plaintiffs resorting to the well-established principles of application of evidence, which could not be disturbed by the High Court in its revisional jurisdiction under S.115, C.P.C. Mst. Sardar Khatoon and others v. Dost Muhammad and another 1988 SCMR 806 and Member (S&R/Chief Settlement Commissioner, Board of Revenue, Punjab, Lahore and another v. Syed Ashfaque Ali and others PLD 2003 SC 132 rel. Muhammad Ayaz Khan Qasuria for Petitioners. ORDER MUHAMMAD ALAM KHAN, J.--- This revision petition is directed against the concurrent findings of facts recorded by the learned two Courts below vide their 'judgments and decrees dated 10-5-2007 and 11-12-2006 respectively, whereby declaratory suit of the…

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