Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 9---Suit for restoration of possession---Limitation---Suit was dismissed for want of proof as well as on the point of limitation and cause of action---Validity---Plaintiff had failed to prove that his possession on suit property had been snatched by the defendants---Both the parties were co-sharer of the land in question---Record of the case was not in line with the claim of plaintiff---Plaintiff firstly opted to file a declaratory suit for cancellation of a gift deed and, during pendency of lis, he was deprived of the possession of suit land---Plaintiff should have prayed for the recovery of possession of land as consequential relief by way of amendment in the said suit---Present suit had been dismissed by the Trial Court in a right direction---Plaintiff was bound to institute suit for restoration of possession within a period of six months---Plaintiff had failed to prove his dispossession from the specific date mentioned in the plaint---No illegality, irregularity or perversity had been pointed out in the impugned and decree passed by the Trial Court---Trial Court had exercised jurisdiction vested in it by law in a legal manner---Suit was rightly dismissed for want of proof, being beyond limitation and for cause of action---Revision was dismissed in circumstances. 2001 MLD 799; 2004 SCMR 1777; PLD 1972 SC 25; 1985 CLC 2644; PLD 1984 Lhr. 287; 1999 MLD 3384; 2006 YLR 8517 and 2005 YLR 241 ref. (b) Specific Relief Act (I of 1877)--- ----S. 9---Suit for restoration of possession---Limitation---Suit for restoration of possession could be filed within six months from dispossession of property. (c) Specific Relief Act (I of 1877)--- ----S. 9---Suit for restoration of possession--- Scope--- Suit for restoration of possession could be instituted irrespective of any right or title etc. which was special remedy to redress the persons dispossessed without any legal right and in unlawful manner. (d) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Scope---Any person entitled to a legal right or character might institute a suit against any person denying such right or character and court might in its…

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