Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.I.,R.3

Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.I., R.3---Suit for declaration for pre-existing right---Necessary parties, impleading of---Scope---Trial Court decreed the suit and Appellate Court allowed the appeal against the decree---Validity---Plaintiffs could not prove that the suit property was owned by their predecessor---Land had been allotted being evacuee property to plaintiff's predecessor and his brothers---Plaintiff's predecessor had sold out all of his property through registered sale deed in the year 1966 and became landless and the present suit was filed by his legal heirs in the year 2000---Suit for declaration for pre-existing rights but did not create new right---Connivance with the officials of Provincial Government had been pleaded in the suit---Neither the Province nor the officials had been impleaded as defendants in the suit---Non-impleading of Revenue Officials as defendants in the suit was a fatal defect---Revision petition was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this civil revision the petitioners have challenged the judgment and decree dated 14.04.2009 passed by the learned Additional District Judge, Samundri District Faisalabad whereby the appeal filed by the respondents/defendants was accepted through which the judgment and decree dated 24.06.2008 passed by the learned Civil Judge 1st Class, Samundri District Faisalabad decreeing the suit of the petitioners/plaintiffs were set aside. 2. I have heard the learned counsel for the parties at full length and also gone through the record minutely with their able assistance. 3. The case pleaded by the petitioners was that Hakim Ali was having three sons namely Fateh Muhammad, Sher Muhammad and Atta Muhammad. Fateh Muhammad is predecessor of petitioners and on the death of Dulla issueless brother of Hakim Ali the property was devolved upon Fateh Muhammad, Sher Muhammad and Atta Muhammad in equal shares, therefore, learned counsel for the petitioners states that three sons of Hakim Ali were also entitled to inherit Hakim Ali in equal shares. I have gone through the evidence as well as the findings recorded…

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