Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Suit for declaration, possession and cancellation of documents---Contention of plaintiffs was that order for transfer of property in favour of defendants issued by the department was forged and fictitious---Suit was decreed by the Trial Court---Validity---Trial Court had no jurisdiction to cancel document of transfer only on the basis that there were some procedural deviations committed by the department while issuing the transfer order---If applicant (for transfer of property) had passed away during the pendency of process of transfer of property then transfer in her favour could not be declared to be null and void as after her death her legal heirs would be entitled to inherit the same in accordance with law---Suit property was in the possession of defendants (legal heirs of transferee)---Findings recorded by the Trial Court were reversed---Impugned and decree passed by the Trial Court were set aside---Appeal was allowed in circumstances. Faizuddin Ahmad v. Muhammad Yousaf and another 1988 SCMR 1289 and Mst. Aziz Bibi v. Karam Din and others 1995 MLD 1121 rel. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this appeal appellants, who are defendants in a suit for declaration, cancellation of documents, possession, permanent and mandatory injunction filed by the respondents-plaintiffs, have challenged the judgment and decree dated 23.5.2012 rectified on 13.6.2014 whereby the suit has been decreed. 2. Brief facts of the case are that plaintiffs-respondents on 18.07.2002 filed a suit for declaration, cancellation of documents, possession, permanent and mandatory injunction on the ground that they have Transfer Order No. 26463 dated 28.6.1976 in favour of their predecessor and challenged the Transfer Order No. 15108 dated 29.12.1973 in favour of Mst. Iqbal Begum, the grandmother of the parties. Written statement was filed. Suit was contested on the ground that on the basis of forged and fictitious transfer order the suit has been filed and the transfer order in favour of Mst. Iqbal Begum which has been challenged and for the cancellation of which prayer has been made, is a valid…

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