Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S 8---Suit for possession of immovable property---Defendant was occupying the property in question with the consent of trustee/brother of plaintiff as his attorney---Possession of a servant, deputee or appointee for the benefit or on behalf of the master or the person deputing or appointing him was in fact the possession of the later---Possession of defendant over the suit property was unlawful---Defendant was appointed as an attorney but he tried to get undue advantage---Suit property was specified for trust and plaintiff being son of Wakif had rightly filed the suit---Defendant had failed to justify his possession and plaintiff had succeeded to prove his case---Trial Court had rightly appraised the evidence available on record and had come to correct conclusion---Evidence produced by the plaintiff was forceful as compared to the evidence of the defendant---No illegality, irregularity or jurisdictional defect had been pointed out in the impugned and decree---Trial Court had rightly decreed the suit with the direction to the defendants to vacate the property in question---Defendants were occupying the property in question illegally---Defendants were directed to pay rent for the period they had occupied the suit property and they should vacate the same after specified period---Appeal was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 1---Appeal, filing of---Requirements---Appeal should be preferred in the form of memorandum signed by the appellant or his pleader---Such pleader must have an authority on behalf of the party to sign the memorandum of appeal otherwise its presentation would be invalid---Appeal would be incompetent if same was filed by the pleader not authorized to sign the memorandum of said appeal by the appellant. Ramzan v. Sohrab Khan PLD 1990 Lah. 314 rel. JUDGMENT JAMAL KHAN MANDOKHAIL, J.--- 1. Facts of the case are that the predecessor of the respondent ("hereinafter called as the plaintiff") filed a Suit No. 136 of 2000 for possession, declaration and permanent injunction against the predecessor of the appellants, namely Mir Khuda Bakhsh Marri, ("hereinafter…

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