Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ---Ss. 42 & 54-Suit for declaration and permanent injunction-Plaintiffs had claimed that they were owners in possession of suit property and that defendants had no concern with the same---Trial Court dismissed suit, but and decree passed by Trial Court were set aside by the Appellate Court---Pedigree-table given in the plaint had supported the claim of the plaintiffs which was not contradicted by defendants---Misl-e-Haqiat and other documents produced on record also supported the plaintiffs---Defendants had failed to produce any documentary or oral evidence to show that suit property, as per promise, was delivered to the plaintiffs in lieu of property mutated in their names---Only plea taken by defendants was that they being owners of the suit property since long, the plaintiffs had lost their ownership through prescription--Such plea was not substantiated by any evidence---Plaintiffs, in circumstances, were owners of the suit property and transfer of its portion in favour of defendants and onwards was also illegal---No misreading or non-reading of evidence or material illegality having been established, revision petition was dismissed. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, J.--- The plaintiffs (hereinafter called respondents) filed a civil suit in the trial Court for declaration to the effect that they are owner in possession of the suit property and the defendants (hereinafter called petitioners) have no concern with it. They also challenged inheritance Mutation No.3272 attested on 30-6-1958, Mutation No. 3273 attested on 30-6-1958, sale Mutation No.728 attested on 12-12-1981 and Mutation No.781 attested 16-3-1982 as wrong, void, mala fide, without jurisdiction and arc liable to be cancelled. In alternate they prayed for permanent injunction from restraining the defendants/ petitioners from alienating the suit property. In the plaint they had given a pedigree-table. The averment in the plaint is that the suit property is the ownership of predecessor in interest of the plaintiffs and after his death devolved upon them. It is alleged that after the death of their predecessor in interest defendants Nos. 1 to 8 got…

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