Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Suit for declaration---Lease of land---Cancellation of---Contention of authorities was that lease in favour of plaintiff was forged and bogus---Validity---Law authorized a person to seek enforcement of his right to any property by instituting a suit against a person denying his right or title---Suit property was leased in favour of plaintiff---Nothing was on record that plaintiff committed any fraud with regard to transfer of suit property---Plaintiff raised constructions on the suit property after occupying the same---Lease deed in favour of plaintiff was registered document which had presumption of truth---Strong and cogent evidence was required to rebut the said lease deed---Authorities had failed to rebut lease deed in favour of plaintiff--Registered instrument could only be cancelled in terms of S.39 of Specific Relief Act, 1877---Lease deed had not been got cancelled by the Authorities---No one could be deprived of his property except by following due process of law---Transfer of suit property in favour of defendants was illegal and encroachment on the right of plaintiff---Suit was decreed in circumstances. Muhammad Iqbal and others v. Fakhar-ul-Islam and 3 others 2004 MLD 888; Sabir Hussain and 6 others v. Eisa and 2 others 2004 MLD 963; Moinuddin Paracha and 5 others v. Sirajuddin Paracha and 22 others 1994 CLC 247; Muhammad Rafique alias Rafique Ahmad v. Abdul Hameed and 2 others 2002 SCMR 1981 and Talib Hussain and others v. Member, Board of Revenue and others 2003 SCMR 549 ref. Mirza Muhammad Sharif and 2 others v. Mst. Nawab Bibi and 4 others 1993 SCMR 462; Parveen Begum and another v. Shah Jehan and another PLD 1996 Kar. 210; Abdul Razzak Khamosh v. Abbas Ali and others PLD 2004 Kar. 269; Ghulam Ghous v. Muhammad Yasin and another 2009 SCMR 70; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 and Abbas Ali Shah and 5 others v. Ghulam Ali and another 2004 SCMR 1342 rel. (b) Civil Procedure Code (V of 1908)--- ----O.I, R.9---Necessary and non-necessary parties---Meaning and scope---'Necessary Parties' are those parties from whom relief is…