Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 54---Suit for permanent injunction---Contention of plaintiffs was that they were owners in possession of suit land while defendants contended that disputed land was Shamlat Deh which had not been partitioned---Suit was decreed concurrently---Validity---Land in question was Shamlat Deh---Civil court had limited jurisdiction and could not grant permanent injunction against all the shareholders who possessed the land in the estate as well---No specific share could be declared to be in possession of any land owner unless Shamlat Deh land was partitioned by the revenue authorities---Version of plaintiffs was corroborated by the revenue record and they were in possession of the suit land---Defendants could not produce reliable revenue record in their favour---Both the courts below had recorded their findings in accordance with law, however, passed by the Trial Court should be enforceable inter-party and not against other share-holders nor the same should be binding on the revenue authorities---Impugned and decree were modified to such extent---Appeal was dismissed in circumstances. 2009 SCR 158 rel. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.--- This appeal has been filed against the judgment and decree of District Judge Bhimber dated 29-12-2011, through which an appeal filed by the present appellants was dismissed and judgment and decree passed by Senior Civil Judge Bhimber was upheld. 2. Brief facts giving rise to the instant appeal are that the present respondent No. 1/plaintff filed a suit for permanent injunction against the present appellants/defendants in the court of Senior Civil Judge Bhimber, stating therein that the plaintiff is an owner in the village Kas Chanater and in possession of the land measuring 03 Kanals out of the land measuring 25 Kanals bearing survey No. 3281 min Khewat No. 139 Khata Nos. 1432/1370 situated at village Kas Chanater since long. Now, the appellants/defendants want to snatch possession of the said land, to cut trees, to make construction, want to destroy fencing around the land and also want to transfer the said land. It was prayed to issue a decree for permanent injunction…

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