Law:

Section:

Specific Relief Act (I of 1877)--- ----S.9---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for possession of immovable property---Application for rejection of plaint---Scope---Plaint was rejected on the grounds that plaintiffs had no legal right, character and title over the suit land and they were not in possession on the suit property---Validity---Relief in a suit filed under S.9 of Specific Relief Act, 1877 was not dependent upon the title of suit property---Said suit was to be decided only on the ground as to whether plaintiffs were dispossessed from the immovable property without their consent and without due process of law---Plaintiffs in such suit could recover possession notwithstanding any other title that might be set up in that suit---Dispute of possession was a bundle of facts which could not summarily be decided while considering an application under O. VII, R. 11, C.P.C.---Impugned orders passed by the Courts below were set aside---Matter was remanded to the Trial Court to frame issues including maintainability of suit and decide the controversy at the earliest within four months---Revision was disposed of in circumstances. Haji Maqbool-ur-Rehman's case 1991 SCMR 301 distinguished. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHAFI SIDDIQUI, J.--- This revision application is arising out of an order passed in Civil Appeal No.113/2010 which is a follow up of an order passed in Suit No.06/2010. 2. Brief facts are that the applicants filed a suit under section 9 of Specific Relief Act seeking restoration of their possession as they claimed to have been dispossessed without due process of law. The trial court while disposing of an application under Order VII, rule 11, C.P.C., rejected the plaint on the ground that the applicants had no legal right, character and title over the suit plot, and the plaint was not held to be maintainable. The applicants filed an appeal and the order of the trial court was maintained by observing that the plaintiffs were not in possession of the subject land nor had title documents in their possession. After detailed discussion of facts these were the reasons assigned by the trial court and the appellate court. 3. Learned…

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