Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession of immovable property and mesne profits---Defendant was inducted by the plaintiffs as care taker to look after the suit land---Defendant/care taker had committed default in payment of money earned from the cultivation to the plaintiffs---Defendant had kept the plaintiffs out of possession of suit property---Plaintiffs were deprived of use and enjoyment of their land---Suit land was leased out to the plaintiffs and period/term of lease had been consumed by the care taker, mesne profits was to be granted to the plaintiffs in circumstances---Care taker was directed to hand over vacant possession of suit land to the plaintiffs free from all encumbrances and claims---Defendant/care-taker should pay mesne profits and contract money to the plaintiffs---Suit was decreed accordingly. M.G. Hassan and 4 others v. Sheikh Riazul Haque and 5 others 1979 SCMR 15 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 132(2)---Witness not cross-examined on a material part of evidence---Effect---If a witness was not cross-examined on a material part of his evidence, the same would be deemed to be accepted by the opponent. Mst. Nur Jehan Begum through Legal Representatives v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- The Plaintiffs have brought this action against the Defendants and primarily against the Defendant No.1 (Abdul Qayoom Hoth), inter alia, for Recovery of Possession and Mesne Profits with the following prayer clauses_ "It is respectfully prayed on behalf of the Plaintiffs that this Hon'ble may be pleased to pass Judgment and Decree in favour of the Plaintiffs and against the Defendant No.1 as under:-- (a) Possession of the land measuring 90 acres bearing No.NA-Class No.14, Deh and Tapo Kathore, Near Morio, Faqir Goth Taluka and District Malir, Karachi. (b) Direct Defendant No.1 to pay Rs.5,00,000/- to Plaintiffs as yearly income and onward at the same rate i.e. Rs.5,00,000/- per year. (e) Grant permanent injunction by restraining the Defendant No.1 his agents, sons, employees and person and person(s) working on his behalf from…

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