Law:

Section:

Specific Relief Act (I of 1877)---------S. 9---Civil Procedure Code (V of 1908), O.XLI, Rr.23, 24 & 25--­Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit against dispossession from property---Framing of additional issue by Appellate Court---Suit was decreed by Trial Court, but in appeal case was remanded by Appellate Court after framing additional issue---Sufficient oral and documentary evidence was available on record on the basis of which Appellate Court could arrive at the truth regarding dispossession of plaintiffs from the suit land as alleged by them---Appellate Court being fully competent to adjudicate controversy between the parties in the light of evidence available on the file, framing of additional issue by Appellate Court, in circumstances was wholly unwarranted---Judgment of Appellate Court below was set aside by High Court in exercise of its Constitutional jurisdiction. ORDER The subject-matter of the suit is a piece of land measuring 41 Kanals, 16 Marlas fully detailed in the heading of the plaint. This is part of Shandat Deh. The plaintiffs' case is that they are owners in possession of the suit land since the time of their forefathers. However, the defendants trespassed into the said property and .took possession of the same forcibly in October, 1985. 2. The defendants Nos.1 to 6 contested the suit and denied the allegations in plaint. They denied that the plaintiffs had any title to the suit property or that they were in possession of the same at any time. On the other hand, they counter-claimed its title and possession as co-sharers in Shamlat. They alleged that plaintiffs with the connivance of Revenue Patwari got prepared a bogus Khasra Girdawari in order to show their possession over the suit land but that is fake. 3. The trial Court framed four issues and the parties led evidence (oral and documentary) in support of their respective claims. The learned trial Judge decreed the suit on 20-12-1988. However, in appeal the case was remanded vide judgment, dated 15-7-2000 by Mr. Abdul Karim Langa, Additional District Judge, Jhelum, who framed the following, additional issue as issue No.3-A:-- "Whether the…

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