Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---Suit for recovery of possession---Encroachment upon suit property---Impleading of necessary party---Patwari Halqa stated in his cross-examination that 3 marlas land out of 6 marlas of land in dispute was available on the spot as plot while the remaining 3 marlas had been encroached upon by another person in his property which was adjacent to the suit Khasra number---Said person and others had not been impleaded as party in the suit and a decree could not be passed in their absence---Scribe and marginal witnesses of un registered deed relied upon by the defendants had been stated to be dead but none of their legal heirs had been examined by the defendants---Impugned s and decrees of both the courts below, having not been based on proper appreciation of evidence were set aside and case was remanded to the Trial Court with the direction that after giving full opportunity to both the parties to produce their fresh pro and contra evidence including the revenue record, decide the case on merit afresh. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This revision petition has been directed against the judgment and decree dated 7-4-2010 of the learned Additional District Judge-VII, Mardan whereby he dismissed the appeal of Akbar Khan and others defendants/ petitioners against the judgment and decree dated 15-5-2009 of the learned Civil Judge-VII, Mardan and upheld the judgment and decree of the trial Court. 2. Brief facts of the instant revision petition are that Daud Khan and others plaintiffs/respondents brought a suit against Akbar Khan and others defendants/ petitioners for possession of the suit property measuring six marlas comprising in old Khasra No.2350 new Khasra No.6155/1 situated in Mauza Bakhshali District Mardan. It was averred in the plaint that the plaintiffs/respondents are owners in possession of the suit property while defendants Nos.17 to 20 are their tenants and now they refused to give them their shares and also denied their owner-ship, that they were asked time and again to admit the claim of the plaintiffs/ respondents but they refused. Hence this suit. 3. The defendants/petitioners have only contested the…

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