Law:

Section:

Specific Relief Act (I of 1877)-------S. 55---Suit for mandatory injunction---Settlement of accounts---Preliminary decree---Delivery of possession by Nazir to a party against the order of court---Effect---Contention of defendant was that Nazir had handed over the possession of suit property to the plaintiff beyond the mandate given by the court---Validity---Plaintiff was not holding the possession of suit property at the time of filing of present suit---No order for putting the plaintiff in the disputed shop was passed by the court---Plaintiff stood placed in possession of the shop in question due to misunderstanding or wrong assumption on the part of Nazir who was solely authorized for taking accounts by breaking open the lock of said shop---Court had every power, jurisdiction and authority not only to enforce its legal order but also to bring things back within legal frame if any excess was noticed/found---No one should suffer or prejudice for act or omission of the court---Agent was legally authorized to do what the principal had permitted him/her to do and had no authority which the principal never vested him/her---Wrong assumption or interpretation would never vest a right---Plea of plaintiff with regard to bonafide had no legal value to claim continuity of such possession---No one could claim any protection or legalization even on the plea of bonafide as illegality would continue to be illegality---Nazir of the court was directed to take the possession of shop in dispute under an inventory showing what he had delivered and received and maintain the accounts in presence of representative of each party. NLR 1981 UC 90; PLD 1962 (W.P.) Kar. 209; 1989 MLD 4819; 1979 SCMR 481 and AIR 1956 Allahabad 709 ref. Faisal thorugh L.Rs. v. Mrs. Khalida Bano and others 2012 CLC 667; Mian Muhammad Talha Adil v. Mian Muhammad Lutfi 2005 SCMR 720; Ghulam Rasool and another v. Said Ahmed and others 2012 CLC 1655;Dr. Muhammad Bashir v. Additional District Judge, Vehari and others 2012 CLC 347 and 2013 CLC 792 rel. ORDER SALAHUDDIN PANHWAR, J.---Through instant applications defendant has prayed as under :- C.M.A. No.9510/2014 ",,,to direct the Nazir to restore the possession…

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