Section 42 Declaration, Suit scope for declaration of title was divided together on the basis of a Family Settlement / Agreement according to which the respondent's confession before the Revenue Officer was that the lease was in favor of the original. The settlement was temporary until the owner's release. The Declaration of Ownership can declare a pre-existing right to a declaration of validity, and the Defendants of the Special Relief Act, 1877, in the present case, demanding an injunction under them, the section of the Special Relief Act, 1877 In the case filed under 42, a new right cannot be created by the decree passed for declaration. In favor of the formation of a right which was not lawful under the existing rights of the plaintiffs were not in favor of the plaintiffs on the basis of any pre-existing settlement or family settlement when the legal heirs of the alleged ownership of the lease of confession Was not issued in favor of the courts below was a clear misuse of jurisdiction to find out the harmony of the courts and was put aside which allowed review, in the circumstances
Related judgments — Lahore High Court Lahore, 2013
