Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession of immovable property---Contention of plaintiff was that defendants had encroached upon certain portion of land owned by him---Suit was dismissed concurrently--- Validity---Impugned and decree were based on the report of Commissioner--Said report had not been assailed and was admitted---Both the parties had encroached the portion of street---Inspection report was submitted by the authority and in the said report it was not mentioned that defendants had encroached any portion from the land of plaintiff---Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Revisional jurisdiction of the High Court was limited and same could be exercised only in cases where subordinate court had exercised its jurisdiction not warranted by law---Jurisdiction of the High Court to interfere with concurrent findings of facts was narrower. 2001 SCMR 789 and PLD 1994 SC 291 rel. ORDER AFTAB AHMED GORAR, J.---Through this Civil Revision Application, the applicant Shamim Ahmed has challenged Judgment dated 5-1-2011 passed by learned IIIrd Additional District Judge. Karachi West whereby he dismissed Civil Appeal No.27 of 2010 filed by the applicant and upheld the Judgment/Decree dated 27-1-2010 passed by learned IVth Senior Civil Judge, Karachi West whereby he dismissed applicant's Suit No.559 of 2007. Precisely, the facts of the case are that applicant filed a civil suit for possession and permanent injunction against the respondents stating therein that he is lawful owner of Plot No.221, Sector 14-B, Orangi Town, Karachi measuring 80 sq. yards. vide registered lease with Sub-Registrar 'T' Division, IV, Karachi and just adjacent to the house of the petitioner/ plaintiff is situated the house of respondents Nos.1 and 2 bearing No.198. Sector-14-B, Orangi Town, Karachi. It was asserted that at the time of raising the construction of the said house the respondents had taken 8 feet excess land owned by the petitioner as shown in the approved plan issued by the concerned department. It was further asserted that the petitioner repeatedly requested the…

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