Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)-------Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for possession, declaration and permanent injunction---Plaintiffs who claimed to be owners in possession of suit property which they had inherited from original owner, had to prove their case from their own evidence and they could not be benefited from the weaknesses in the defendant's ease---Plaintiffs had produced five witnesses in support of their claim, but evidence led by them was discrepant and insufficient to lead to conclusion that they were actually successors-in-interest of original owner of suit property---Both Courts below disbelieved the version of plaintiffs for valid and sound reasons, which were not open to legitimate exception---Plaintiffs could not point out any misreading or non-reading of evidence by the courts below---Mere assertion of plaintiff that impugned s and decrees suffered from acute misreading and non-reading of evidence, without any positive attempt to substantiate same, was of no consequence---Concurrent finding of fact recorded by two courts below, could not be upset by High Court in exercise of its revisional jurisdiction under S.115, C.P.C., unless two Courts below while recording the finding of fact had either misread the evidence or ignored any material piece of evidence on record or the finding of fact recorded by the two courts below was perverse to the evidence on record; it only lay on the ground of error of law or error in procedure, which could have affected the decision of the case upon merits. Sughran Bibi v. Mst. Aziz Begum and 4 others 1996 SCMR 137 rel. Safeerullah Khan for Petitioners. Shamoon Ahmad Bajwa for Respondents. Date of hearing: 10th November, 2006. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Facts relevant for the disposal of instant civil revision are, that Janbaz and others, plaintiffs, instituted suit against Mir Muhammad and his brother Siraj Muhammad, defendants, claiming a declaration to the effect that plaintiffs were owners in possession of suit property, detailed in the plaint, having inherited the same from their predecessor-in-interest, late Jurabaz and the entries in the Revenue Record,…

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