Law:

Section:

Specific Relief Act, 1877 (I of 1877)-- ----S. 9--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Suit for possession--Shamilat deh--Dispossessed illegally and unlawfully--Validity--It is well settled proposition of law that Section 9 of Specific Relief Act, is entirely a different kind of action because it gives a special privilege to persons in possession to take action promptly on their dispossession of immovable property and dispossessed persons are entitled to succeed simply by proving that they were in possession and had been dispossessed without due course of law and dispossession had taken place within six months of suit without raising or discussing question of title either of plaintiffs or defendants. THIS ORDER PASSED BY: MASUD ABID NAQVI, JUSTICE:---.--- Brief facts of this petition are that respondents/plaintiffs filed a suit for possession under Section 9 of Specific Relief Act with the averments that plaintiffs are owner in possession of the agricultural land and suit property is as Shamilat Deh while defendants have no concern whatsoever with the suit property while defendants interfered into their possession and they filed suit for permanent injunction and stay order was issued by the learned Court but despite of stay order of the Court, defendants destroyed the crop of plaintiffs. It was further added that defendants dispossessed the plaintiffs illegally and unlawfully and in this connection case FIR No. 219 dated 12.06.2008 was registered. Hence, the suit. The defendants contested the suit by filing the written statement wherein they raised legal and factual points and specifically denied the execution of exchange deed. Out of divergent pleadings of the parties, issues were framed by the learned trial Court. The parties produced their respective evidence and after recording the same, learned trial Court vide judgment and decree dated 24.11.2009 decreed the suit of the plaintiffs/respondents. Feeling aggrieved, one of the 07 defendants i.e. Defendant No. 1 filed revision petition and the learned Additional District Judge vide judgment & decree dated; 06.05.2010 dismissedthe same. Being dissatisfied, the…

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