Law: Specific Relief Act, 1877

Section: 54

Law: Specific Relief Act, 1877

Section: 54

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 172

Specific Relief Act (I of 1877)-------S. 54---West Pakistan Land Revenue Act (XVII of 1967), S.172---Suit for injunction---Illegal possession---Revenue officers, performance of duties---Concurrent findings of facts by the Courts below---Plaintiff claimed his possession over suit land and sought injunction against owners of land from entering into their land and against revenue authorities from performing their lawful duties---Both the Courts below concurrently dismissed suit and appeal filed by plaintiff---Validity---Revenue officer could not be stopped from performing his legal obligation and suit filed by plaintiff was hit by provisions of S.172 of West Pakistan Land Revenue Act, 1967---By abolition of Art.144 and S.28 of Limitation Act, 1908, encroacher or trespasser could not have laid a claim on the basis of illegal possession and suit filed by plaintiff was not competent and appeal was rightly dismissed by Lower Appellate Court---Plaintiff could not seek declaration against defendants as revenue record had confirmed the fact that they were in possession and were joint owners, therefore, they had rightly requested competent Revenue officer for demarcation---Owner could not permanently be restrained from entering the premises, ownership whereof vested in him---No misreading or non-reading of evidence nor any defect in s and decrees rendered by two Courts below were found on proper appraisal of material on records---High Court, therefore, declined to interfere as there was no impropriety, perversity, irregularity or infirmity in s and decrees passed by two Courts below---Revision was dismissed in circumstances. Syed Ayaz Zahoor for Petitioner. Muhammad Aslam Chishti for Respondents. Date of hearing: 7th June, 2013. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.--- Instant revision petition is directed against the judgments/decrees dated 26th December, 2011 and 31st May, 2012 respectively passed by the Civil Judge-I, Quetta and District Judge (Ad hoc), Quetta, whereby the suit as well as appeal filed by the petitioner were dismissed. 2. Facts relevant for the disposal of instant revision petition are that the petitioner/plaintiff instituted a suit for Injunction…

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