50/1998 Civil Revision Gul (Applicant) V/S Jumo & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 07-OCT-15
(a) Specific Relief Act (I of 1877)---- ----Ss. 42 & 52----Limitation Act (IX of 1908), Art. 14---Civil Procedure Code (V of 1908), O. XLI, R. 30 & S. 96---Suit for declaration and permanent injunction---Maintainability and limitation---Determination---Appeal from original decree---Judgment in appeal---Plaintiffs filed present suit claiming that suit land originally belonged to their grandfather and they, being one of the legal heirs, were entitled to be declared as owners of suit land to the extent of their shares and to get their name entered in revenue record accordingly---Trial Court dismissed the suit on grounds of limitation and same being hit by proviso to S. 42 of Specific Relief Act, 1877; whereas, appellate court decreed the same as prayed for---Validity---Order of appellate court was devoid of any reasoning and support of evidence led by parties---Appellate court had not even framed points for determination for deciding appeal and failed to examine order of Deputy Commissioner and appellate authority under Land Revenue Code, 1894 and report of the Commissioner---Appellate court, while setting aside findings of Trial Court, did not give any reasoning on the point of limitation---While reversing the findings of court below, appellate court had to give reasons for disagreeing with findings of lower court and also to advance reasons for its opinion in support of reversing the findings---Plaintiffs had not prayed for possession from defendant and only sought declaration of ownership as legal heirs and declaration as to cancellation of mutation---Appellate court failed to appreciate that predecessor of plaintiff had appeared before Revenue Authorities for effecting mutation in respect of suit property in favour of defendant---Trial court, on basis of evidence on issue regarding possession of suit property and following mandatory proviso to S.42 of Specific Relief Act, 1877, had rightly held the suit not maintainable---Appellate court's judgment was silent on issue of maintainability of suit with reference to S. 42 of Specific Relief Act, 1877---High Court, setting aside judgment and decree of appellate court, restored that of trial court---Revision petition was allowed in circumstances. (b) Civil Procedure Code (V of 1908)---- ----O. XLI, R. 30 & S. 96---Appeal from original decree---Judgment in appeal---Duty of appellate court---Whenever appellate court is to reverse findings of court below, it has to give reasons for disagreeing with findings of lower court and also to advance reasons for its opinion in support of reversing the findings.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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