Law:

Section:

Specific Relief Act (I of 1877)---S. 8---Suit for possession of immovable property---Contention of plaintiffs was that defendants acquired land measuring 22-kanals but they had illegally included 7-marlas land in their institute for which neither any award had been issued nor any compensation amount had been paid---Suit was decreed concurrently---Validity---Defendants initially acquired 22 kanals of land and prior to said land there was no other land in the same vicinity or khata belonging to them nor they acquired some additional land from the plaintiffs or other landowners---Inside area of the Institute was measured and total area was 22 kanals and 17 marlas---Defendants were in possession of excess land (more than 22 kanals) than their entitlement for which they had no explanation---Local Commissioner was not an ordinary person but was expert on the subject of measurement being Naib Tehsildar and there was no question of any wrong and false calculation of the area inspected and measured by him---Trial Court instead of passing a decree for possession of excess land of 7 marlas ordered the defendants to pay its compensation to the landowners which was just decision and had fixed market value which was fixed by the Supreme Court in an earlier round of litigation---Both the courts below had assessed and appreciated evidence and material on record correctly and properly and had rightly granted relief to the plaintiffs---No illegality or infirmity in the concurrent findings of the two courts below was found which were maintained---Revision was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK, J.--This civil revision petition is directed against the judgment and decree dated 18-12-2012 of the learned Additional District Judge-II, D.I. Khan whereby appeal of the petitioners against the judgment and decree dated 20-2-2012 of the learned Civil Judge-VII, D.I. Khan, was dismissed. 2. Brief facts of the case are that the respondents-plaintiffs filed a suit against the petitioner-defendants firstly for the recovery of Rs.80,000 as compensation for 80 trees, secondly for the recovery of Rs.8000 per month for using 7 marlas of land and thirdly for possession of the…

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