Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Revision---Respondent in his earlier suit had sought his share in land to the extent of 11.1/3 `Pachas' and later on filed amended suit enhancing his alleged share from 11.1/3, `Pachas' to 14.2/3 `Pachas' and with the consent of parties matter was referred for resolution to `Muawen Qazi' who brought about resolution through his `Sulah Nama' and Civil Judge concerned consigned to record suit in terms of said Sulah Nana/agreement---Subsequently respondent No.1 approached Civil Judge/Ala Illaqa Qazi for grant of final decree wherein he alleged that 14.2/3 `Dachas' had been decreed in his favour through said Sulah Nama and Civil Judge appointed a Local Commission in the matter who gave his report which was objected to by petitioner, but Civil Judge passed decree in favour of respondent, which was maintained in appeal by District Judge and petitioner had filed revision against said ---Claim of petitioner was that Muawen Qazi in his Sulah Nama/agreement, had never given any specific share to either party to the suit---Local Commission in his report had admitted that in Sulah Nama of Muawen Qazi as well as in of Civil Judge, there was no mention of respective shares of parties, but despite that said Local Commission went ahead with preparation of his report and as such he had travelled beyond duty assigned to him by allocating various shares which was not directed by Trial Court---Sulah Nama of Muawen Qazi, could be termed as specific partition of suit property, but no respective shares of parties were allocated therein---Courts below, however, treated said Sulah Nama as preliminary decree and on that basis Courts passed final decree---Judgments and decrees of both the Courts below suffered from grave "illegality resulting in manifest injustice---Both the Courts below had displayed great magnanimity towards respondent and had, committed material irregularity---Courts below having exercised jurisdiction not vesting in them under the law, their s were liable to be set aside---Judgments and decrees of Courts below were set aside and application of respondent for…

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