Law: Civil Procedure Code (V of 1908)

Section: XXIII,Rr.1,2

Specific Relief Act (I of 1877)--- ----S. 8---Civil Procedure Code (V of 1908), O.XXIII, Rr. 1 & 2---Suit for possession on basis of decree conferring title of suit land upon plaintiff---Defendant's plea that plaintiff had withdrawn earlier suit for possession without permission of court; and that present suit was time barred---Validity---Such decree passed in a suit for declaration between parties had attained finality for not challenged by defendant---Defendant had no right to claim suit property---Defendant had not pleaded that he was in adverse possession of suit land---Plaintiff was claiming decree for possession on basis of such decree, cause of action whereof arose to him on day to day basis---Plaintiff being owner of suit land could claim its vacation again and again---Earlier suit withdrawn without permission of court would not be an impediment in his way to get possession of his land---Suit was decreed in circumstances. Mst. Maroof Jan and 2 others v. Yaqoob and 4 others 1990 CLC 19; Mst. Mehrunnisa v. Karachi Cantonment Board, through Cantonment Executive Officer another 1990 CLC 1334; National Bank of Pakistan v. Hashim Khan 1995 CLC 88; Muhammad Ali and others v. Province of Punjab and others 2009 SCMR 1079; Muhammad Yousuf Memon v. Karachi Stock Exchange (Guarantee) Ltd. 1995 CLC 183 and Sardar Muhammad Aziz Khan v. Messrs United Kashmir Flour Mills (Pvt.) PLD 2004 SC (AJ&K) 1 ref. JUDGMENT MUHAMMAD KHALID MEHMOOD KHAN, J.--The petitioner filed a suit for possession against respondents from the property detailed in the plaint; the respondents filed a suit for declaration and perpetual injunction against the petitioner of the same property. The learned trial Court consolidated both the suits and through a consolidated judgment and decree dated 22-3-2001 dismissed the suit filed by petitioner and decreed the suit filed by respondents. Both the parties filed appeals against the consolidated judgment and the learned appellate court vide judgment and decree dated 6-12-2001 reversed the finding of learned trial Court and consequently the suit of respondents titled Muhammad Jamil v. Muhammad Tanvir was dismissed and suit titled "Muhammad Tanvir…

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