Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 9---Constitution of Pakistan, Art.199---Constitutional petition---Suit for possession of immovable property---Factum of dispossession, determination of---Limitation---Scope---Documents to be considered by the court---Ingredients---Object and purpose of S.9, Specific Relief Act, 1877---Suit property was joint and a number of co-owners were recorded in the revenue record pertaining to year 1969---Revenue record pertaining to year 1991-92 had not been placed on the file---Khasra Girdawari would play a pivotal role for determination of factum of dispossession of a person from the land---Controversial issue between the parties could not be decided without bringing on record such important piece of evidence---No relief under S.9 of Specific Relief Act, 1877 could be granted without fulfilling necessary ingredients---Question of title either of plaintiffs' or of defendant's could not be raised or should not be given any consideration in such suit---Only possession over the land in question prior to institution of such suit would be counted as determinable factor for granting relief in such case---Such relief of possession could also be granted even against true owner of property---Question of ownership was not germane for invoking provision of S.9 of Specific Relief Act, 1877---Object and purpose of such provision was to provide summary relief even with no right of appeal---Plaintiffs were recorded as co-owners of suit property but they had failed to establish possession over the same within six months prior to institution of suit through reliable and authentic documentary proof---Copies of available revenue record should be brought on file for safe administration of justice---No authentic reliable and fresh copies of Khasra Girdawari and Fard Jamabandi had been exhibited on record---Impugned s passed by the courts below were result of abuse of jurisdiction and same were passed with jurisdiction not vested in them---Judgments passed by the courts below were void and could not sustain and same were set aside with the direction to the Trial Court to place on record all the available revenue record pertaining to year 1991-92…

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