Law: Specific Relief Act, 1877

Section: 8

Specific Relief Act (I of 1877)--- ---S. 8---Suit for possession---Disputed property---Legal heirs---Entitlement---Effect---Plaintiff filed suit for possession, claiming to be son of 'A. H. ' who was owner of the disputed property and defendants had taken over possession of the said property from his father as lessee---Defendant contested suit on the ground that plaintiff was not son of 'A.H.' and they were living in the disputed property as owner of the same---Defendants also filed suit for declaration on the ground that plaintiff was not entitled for share in the disputed property as legal heir---Trial Court in consolidated , dismissed the suit of the plaintiff and decreed the suit filed by defendants---Appellate Court, on appeal, allowed the same and modified the s and decrees to the effect that both parties were legal heirs of 'A.H.' and were entitled to their respective shares in the disputed property---Validity---Evidence produced by both parties showed that both were trying to prove that the deceased 'A.H.' was their predecessor-in-interest but were accusing each other---Evidence available on record showed that both parties were legal heirs of Disputed property left by 'A.H.' had to be distributed among his legal heirs---Defendants had failed to show any material irregularity and illegality in of the Appellate Court---Revision petitions were dismissed by High Court. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this single judgment I propose to decide Civil Revisions Nos.2133 of 2002 and 2134 of 2002. 2. Briefly stated the facts of these two civil revisions are that respondent Muhammad Salim filed a suit for possession against the petitioners/ defendants claiming that he is son of Abdul Hameed who was owner of suit property comprising Khewat No. 69, Khatoni No.69, Khasra No.316-264/61/1-75-85/65, measuring 5 marlas 1-1/2 Sarsahi out of which he is owner of 1 marla, the property shown to be situated at Bagh Cheeta Ram, Block No.14 Chak No.45/N.B District Sargodha. He further asserted that the petitioners/defendants have taken over the possession of the property from his father as lessee. Now they have refused to restore the…

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