Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Revision---Scope---Trial Court after framing of issues and recording of evidence of both the parties dismissed the suit of the plaintiff---Appellate Court also dismissed appeal filed by the plaintiff---Validity---Trial Court as well as Appellate Court after best appraisal of evidence, decided the case against the plaintiff---Trial Court after discussing each and every aspect of the case, after appraisal of evidence in detail dismissed suit of the plaintiff---Findings of the two courts below on facts and question of law were concurrent, no misreading or non-reading of evidence was pointed out by the counsel for the plaintiff---Where findings of Trial Court and lower Appellate Court were concurrent, howsoever, erroneous those findings could be, could not be interfered with by High Court in exercise of its revisional jurisdiction under S.115, C.P.C., unless such findings of two courts below suffered from jurisdictional defect. 2007 SCMR 926; 2007 SCMR 870; PLD 2005 SC 418; 1994 SCMR 818; 2003 SCMR 83; 2003 SCMR 286 and PLD 1988 SC 625 ref. Mian Arshad Ali for Petitioner ORDER HAFIZ ABDUL REHMAN ANSARI, J.--- Through this civil revision petition the petitioner assailed the judgment and decree dated 16-7-2009 passed by the learned Additional District Judge, Taunsa whereby he dismissed the appeal of the petitioner against the judgment and decree dated 16-5-2007 of learned trial Court Civil Judge 1st Class, Taunsa by which the declaratory suit of the petitioner has been dismissed. 2. Briefly stated the facts of the case are that petitioner/plaintiff filed civil suit for declaration claiming him to be lawful owner in possession of suit-land measuring 56 Kanals, 8 Marlas falling in Khata No.71 of Mutation No.718 situated at Mauza Pehar, Tehsil Taunsa Sharif through which land measuring 20 Kanals were transferred in the name of defendants/respondents Nos.1 and 2 in civil suit the petitioner/plaintiff challenged Mutation No.718 dated 20-3-2000 which was sanctioned in favour of respondents/defendants Nos.1 and 2 being based on fraud, collusion, illegal without…

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