Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 144---Specific Relief Act (I of 1877), Ss. 42 & 54---Declaration of title---Restitution of benefit---Variation of order---Illegal possession---Defendant, right of---Principles---Plaintiff claimed ownership of truck in question and after passing decree in his favour he took over the possession of the truck---High Court remanded the matter to Trial Court making good the deficiencies in court-fees-Trial Court in post remand proceedings, directed the defendant to hand over the possession of truck to defendant---Validity---Defendant could only restitute a benefit in the light of S.144, C. P. C., where any such benefit had been taken from his possession in result of a decree, for which he was entitled---If any benefit, for which defendant was not legally entitled to keep it in possession, being trespasser or illegal occupier, he could not agitate to get any benefit in view of S.144, C.P.C.---Defendant was prima facie a trespasser or grabber, who took the law in his hands, therefore, he was not entitled to restitution against person, who took the property in possession through a lawful direction--Judgments passed by Lower Appellate Court as well as of Trial Court were set aside being illegal. AIR 1941 PC 128 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 144---Restitution---Pre-conditions---From any act of any court no suitor should be injured, therefore, any benefit, which is refundable and returnable to a party entitled to such benefit through restitution upon variation or reversal of a decree take the benefit of principle of restitution reflected in S.144, C.P.C.---Main conditions, which are to be fulfilled for invoking provisions of S.144, C.P.C. being that (i) restitution must be in respect of a decree, which has been varied or reversed; (ii) party applying for restitution should be entitled to a benefit under a reversing or variation decree; and (iii) relief claimed must be properly consequential on reversal of variation of decree. JUDGMENT ABDUL QADIR MENGAL, J.---This civil revision petition is directed against the judgment dated 29-6-2007, passed by Additional District Judge-V, Quetta as well as order…

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