Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 9---Suit for possession of immovable property---Requirements---Plaintiff purchased suit property from joint Khata---Relief under S.9 of Specific Relief Act, 1877 was discretionary in nature and could not be granted to a person who had approached the court with unclean hands or had fabricated the story---Plaintiff had failed to prove that he was dispossessed from the suit property---Stance taken by the plaintiff in his suit was contradicted by the evidence he led---No one could be allowed to adduce evidence which was never pleaded and decision of the case could not rest on such evidence---Courts below had based their findings on title document of plaintiff---Court in a suit under S.9 of Specific Relief Act, 1877 was only required to examine as to whether the plaintiff was in possession of property when he was dispossessed by the defendant---Plaintiff, in order to succeed in such suit was required to prove that he was in possession of the immovable property and was dispossessed without his consent and such dispossession was otherwise than due course of law---Object of S.9 of Specific Relief Act, 1877 was to discourage people from forcibly occupying immovable property by taking law in their own hands---Plaintiff was never in possession of the suit property---Court in a suit under S.9 of Specific Relief Act, 1877 could decide only the claim of possession and was not required to decide title, right or legal character of claimant of suit property---Question of title was ancillary to the proceedings under S.9 which could not be looked into for restoring the possession---Orders passed by the courts below were illegal and violative of law which were set aside---Suit of the plaintiff was dismissed---Constitutional petition was allowed in circumstances. Combined Investment (Pvt.) Ltd. v. Wali Bhai PLD 2016 SC 730; Essa Engineering Company (Pvt.) Ltd. v. Pakistan Telecommunication Company Limited 2014 SCMR 922; Muhammad Nawaz alias Nawaza v. Member Judicial Board of Revenue 2014 SCMR 914; Canal View Cooperative Housing Society v. Javed Iqbal and another PLD 2004 SC 20 and Muhammad Anwar v. Mst. Illyas Begum and others PLD 2013…

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