Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 8---Suit for declaration, permanent injunction and possession of immovable property was decreed concurrently by courts below---Validity---Perusal of documentary evidence showed that the plaintiffs were owners of suit-land while defendants were tenants-at-will---Plaintiffs had substantiated their claim fully through cogent evidence while evidence produced by defendants was neither solid, cogent or reliable---Orders of courts below were based on proper appreciation of evidence and were well founded---Revision was dismissed. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This revision petition is directed against the concurrent findings of the two Courts below whereby the learned trial Court decreed the suit in favour of the respondents/plaintiffs vide judgment and decree dated 13-4-2009 and the same was maintained and upheld by the learned lower Appellate Court vide judgment and decree dated 24-3-2010. 2. Short and essential facts of the case are that the respondents/plaintiffs have brought a Suit bearing No.247/1 of 1987 against the petitioners/defendants for a declaration to the effect that they are owners in possession of the suit-land details of which have been given in the heading of the plaint and the petitioners/defendants have no right in. In the alternate they also prayed for possession and permanent injunction and for the recovery of Rs.20,000 as mesne profits. The suit was contested by the petitioners/defendants by filing their written statements and the pleadings of the parties gave birth to the issues mentioned in the judgment and decree of the trial Court. Both the parties produced their evidence in respect of their respective claims and after hearing their learned counsel, the learned trial Court decreed the suit in favour of the respondents/plaintiffs against the petitioners/defendants vide his short judgment and decree dated 12-11-1990 and on appeal, the aforesaid judgment and decree was set aside by the learned Additional District Judge, Swabi vide judgment and decree dated 13-2-1996 and remanded the case back to the trial Court for re-writing the judgment. After remand the suit of the…

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