Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Mere averments made in the plaint were not sufficient for the entitlement of a decree unless proved on the strength of cogent and reliable evidence---Trial Court, in the present case, had rightly decreed the suit after proper appraisal of statement of local commission and available evidence---Appeal was dismissed in circumstances. Faqir Muhammad and 8 others v. Abdul Momin and 2 others PLD 2003 SC 594 and Muhammad Bashir and others v. Iftikhar Ali and others PLD 2004 SC 465 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 22---Appeal---Cross objections---Limitation---Respondent might file cross objections to a decree within one month from the date of service on him or his pleader or within such further time as the appellate court might deem fit to allow, despite the fact that he had not appealed from any part of the decree. Shahro and others v. Mst. Fatima and others PLD 1998 SC 1512 rel. JUDGMENT MUHAMMAD DAUD KHAN, J. This single judgment proposes to dispose of two Regular First Appeals # 01-B/2006 and 03-B/2007. The appellants in both appeals have challenged the judgment and decree passed by learned Civil Judge-Bannu on 30.06.2006. Vide the impugned judgment, the claim of appellant # 1 was decreed to the tune of Rs.4,00,000/-, and that of the appellant # 2, to the extent of Rs.50,000/-. 2. In a declaratory suit, appellants (Haji Shewa Jan and Haji Mir Draz Khan) contended that since the year 1955-56, they and proforma respondents # 4 to 37 are owners of Shops, Market, Garage and Halls, situated at Bakka Khel Mandi, Bannu. In the said property, they were running their business since long. On 17.10.1995, respondent # 1-3, who are government functionaries, issued a certain notice to the appellants, directing them demolition of Mandi Bakka Khel, operation cleanup and within a few hours of the issuance of the notice, respondents 1-3 ordered to demolish the buildings of the appellants and proforma respondents-4 to 37. The appellants contended that the allegations leveled in the notice were wrong and baseless. They also argued that the respondents did not afford them an opportunity…

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