Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Civil Procedure Code (V of 1908), S.79 & O.XXVII, R.1---Constitution of Pakistan (1973), Art.185(3)---Declaration of title---Suit by Government---Maintainability---Concurrent findings of facts by courts below---Divisional Forest Officer assailed the order of Revenue Authorities before civil court to seek declaration of title to the effect that suit-land was reserved for forest---Trial Court and Lower Appellate Court concurrently dismissed the suit and appeal filed by the Forest Officer---Judgments and decrees passed by two courts below were maintained by High Court in exercise of revisional jurisdiction---Validity---Expression of opinion affirming findings of courts below and discussion of legal position in passed by High Court did not suffer from any legal infirmity or error of jurisdiction---Authorities failed to point out any misreading or non-reading of record by courts below occasioning any miscarriage of justice---Authorities could not explain as to how suit instituted by Divisional Forest Officer against officials and Provincial Government was maintainable at law in view of provisions contained in S.79 and O.XXVII, R.1, C.P.C. before civil court---Findings of fact recorded by Revenue Authorities were not open to scrutiny by civil court who however, did not find any defect of jurisdiction or illegality in exercise of jurisdiction by three forums in Revenue hierarchy---Supreme Court declined to interfere with and decree passed by High Court---Leave to appeal was refused. Muhammad Khan v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan PLD 1962 SC 284 ref. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner is aggrieved by the High Court of Sindh, Hyderabad Circuit, judgment, dated 27-5-2005 dismissing Revision Application No.21 of 1991 arising out of concurrent findings of fact recorded in a suit for declaration and permanent injunction filed by him against the respondents. 2. Precisely stated brief facts appear to be that land in suit bearing U.A. Nos.69, 150/3 and 4 Deh Sirenwari in Taluka Sanghar District Tharparkar measuring 93-00 acres along with other land in Talukas Khipro and Sanghar was…

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