Law:

Section:

(a) Partnership Act (IX of 1932)--- ----S. 69---Specific Relief Act (I of 1877), S. 9---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for restoration of possession---Fundamentals to be proved---When a person was dispossessed of immovable property without his consent and otherwise than due course of law, suit under S.9 of Specific Relief Act, 1877 could be filed---Controversy, in the present case, was not with regard to the right arising from a contract to be enforced by the plaintiff through the suit against the defendant---Plaintiff had come to the court against wrong defendant who had allegedly dispossessed him from the suit property---Court under S.9 of Specific Relief Act, 1877 could decide only the claim of possession and was not required to decide title, right or legal character of claimant of the property---Fundamentals to be proved by the plaintiff in order to succeed in such suit would be his possession on immovable property and he was dispossessed from the property without his consent and such dispossession was otherwise than due course of law---Question of title was ancillary to the proceedings under S.9 of Specific Relief Act, 1877 which could not be looked into for restoring the possession---Version of defendant was not supported by any evidence---Defendant had failed to justify his possession on the suit property---Findings of both the courts below were in accordance with the evidence on record---No prejudice had been caused to the defendant---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the courts below---No gross violation of law or misreading or non-reading of evidence was on record---Constitutional petition was dismissed, in circumstances. PLD 1968 Kar. 196; 1986 CLC 242; 1994 MLD 274 and PLD 1987 Kar. 180 ref. Abdul Rehman v. Parvez Ahmed Butt and 2 others 1983 CLC 1740 rel. (b) Specific Relief Act (I of 1877)--- ----S. 9---Suit for restoration of possession---Object---Object of provision of S.9 of Specific Relief Act, 1877 was to accord a right to the person to promptly have his possession of immovable property taken back in the face of his dispossession without his consent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492