Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8, 42 & 56---Suit for possession, declaration and injunction---Suit for possession, declaration with consequential relief, to the effect that plaintiffs were owners of suit property on the basis of Misle-Haqiat and mutation seeking stay order restricting defendants from making improvements on the suit property and payment of rent of the property--- Defendants denied relationship of landlord and tenant challenging documents pertaining to the ownership of the plaintiffs as the result of fraud and collusion with the Revenue staff---Plaintiffs, in support of their case, got recorded statements of three witnesses and also relied upon Khasra Girdawari and Jamabandi, mutations---Defendants failed to produce any witness or document in their defence, and relied on the sole statement of their attorney---Trial Court, despite finding that defendants had failed to prove issues whereby they had sought dismissal of the suit, returned the suit of the plaintiff, for presentation before the proper forum for recovery of rent as the court lacked adjudication between landlord and tenant---Appellate court dismissed plaint being time barred and not maintainable---Trial Court, while framing issue with regard to limitation "whether the suit of the plaintiffs was time barred", placed onus of proof, on the plaintiffs; whereas onus of said issues was on the defendants---Appellate court had misconceived the relevant record-of-right and other exhibited documents---Impugned s/decree of two courts below were set aside by the Chief Court---Decree to the extent of ownership of the suit land, was passed in favour of the plaintiffs against the defendants, with consequential relief as prayed for by the plaintiff, in circumstances. THIS JUDGMENT DELIVERED BY: WAZIR SHAKEEL AHMED, JUSTICE:---.--- The petitioners named above have called in question the judgment/decree dated 8-11-2012 passed by the learned District Judge Gilgit whereby the partial Appeal No. 13 of 2009 of the petitioners against the judgment dated 29-11-2008 of the trial court was dismissed the suit of the petitioners was also rejected finding the same time barred and not maintainable in…

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