Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 8 & 42---Civil Procedure Code (V of 1908), S.115---Recovery of possession ---Encroacher or trespasser, right of---Land included in Katchi Abadi---Both the Courts below concurrently decided the suit in favour of the plaintiff---Validity---Unauthorised occupation or any encroachment over a property did not provide a right to the encroacher or trespasser either for the transfer of the suit property or for claiming to be the owner/title-holder of such property---Where the s of both the Courts below were arrived at by ignoring the provisions of law and by .illegal exercise of jurisdiction vested in them, such s could not be sustained---Suit filed by the plaintiff was dismissed in circumstances. Abdul Ghafoor v. Settlement Commissioner and others 1968 SCMR 1286; Anjuman Araian, Bhera v. Abdul Rashid and others PLD 1982 SC 308 and Sabir Hussain v. Gulzar Begum 1989 MLD 3084 ref. JUDGMENT This revision application has been tiled against the order of the IInd Additional District Judge, Karachi (West), dated 20-5-1999 in Civil Appeal No. 30 of 1998, whereby the appeal tiled by the applicants defendants Nos. l, 2 and 3 was dismissed and the judgment and decree of the 1st Senior Civil Judge, Karachi (West), dated 9-5-1998 and 14-5-1998 respectively was upheld. The brief facts leading to the filing of this revision application are that respondent No. l/plaintiff was occupying house situated-on Plot No.240, Ghosia Baloch Colony, Sector No. l1-1/2, Orangi Town, Karachi, consisting of rooms, bath rooms and kitchen, having purchased the same from one Mst. Saira for a sum of Rs.8,000 in 1978. After purchasing the same, he made additions to the existing construction. In the year 1987, applicant No. 1, who is nephew of respondent No. l/plaintiff, approached him for providing him temporary shelter as he, his wife and son (applicants Nos.2 and 3/plaintiffs Nos. 2 and 3) were ousted by his father from his house. Respondent No. l/ plaintiff allowed this request by providing shelter to applicants/defendants Nos. l, 2 and 3. Subsequently, the applicants/defendants Nos. 1, 2 and 3 dishonestly and fraudulently obtained N.O.C. from the Deputy…

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