Law: Specific Relief Act, 1877

Section: 8

Specific Relief Act (I of 1877)--- ----S. 8---Suit for recovery of possession---Plaintiffs filed suit for possession of disputed land on the ground that they were owner of the same and had rented it out to defendants but the defendants had refused to pay rent thereof---Defendants contested suit on the ,ground that they were in possession of the disputed land from the days of their forefather and were in possession of the same for more than 50 years---Trial Court decreed suit of the plaintiffs---Appellate Court, on appeal, allowed the same and set aside the and decree of the Trial Court---Validity---One of the plaintiffs admitted in his cross-examination that 3/4 rooms were constructed by the defendants---No written or oral evidence had been produced by the plaintiffs confirming such fact that defendants were tenants/lessees, rather, evidence produced by the plaintiffs showed that defendants were in possession of the disputed property since long and they had constructed their houses on the said land---One of the plaintiffs admitted in his statement that in his village there was no tenant and landlord---Such very admission of the plaintiff was sufficient to negate his claim against the defendants---Plaintiffs had also failed to rebut the assertion of defendants that they were in possession of suit land for the last 50 years and as such suit was prima facie barred by time---Appellate Court had scanned the evidence minutely and its conclusion that defendants were not the tenants of the plaintiffs was fully established on record---Revision petition was dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this civil revision, the petitioner has assailed the judgment and decree dated 29-2-2000 passed by leaned Additional District Judge, Bhakkar, whereby he set aside the judgment and decree dated 26-11-1995 passed by learned Civil Judge, Bhakkar. 2. Briefly stated the facts of the case are that petitioners instituted a suit for possession against the respondents of land measuring 2 kanals situated in revenue estate village Machhawarli Tehsil Bhakkar claiming that they are owners of land measuring 2 kanals detailed in the head note of the…

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