Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 9---Suit for restoration of possession of immovable property---Contention of plaintiffs was that defendants had dispossessed them from the suit property---Suit was decreed concurrently---Validity---Question of title was irrelevant in a suit under S.9 of Specific Relief Act, 1877---Title could not be claimed on the basis of an unregistered sale deed---Contradiction with regard to dispossession of plaintiffs was on record---Suit being not maintainable s and decrees passed by the Courts below were set aside---Revision was allowed. 2001 SCMR 345 and PLD 1950 Pesh. 35 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 96 & 115---Specific Relief Act (I of 1877), S. 9---Suit for restoration of possession---Appeal---Maintainability---Appeal did not lie against a and decree passed in a suit for restoration of possession under S.9 of Specific Relief Act, 1877 and revision was only competent before the High Court. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.--- This civil revision petition by Fida Hussain and three others, petitioners, is directed against the judgment and decree of the learned Additional District Judge-III, Mardan, dated 07.02.2015, whereby, appeal of the petitioners against the judgment and decree dated 09.04.2014 of the learned Civil Judge-V, Mardan, was dismissed. 2. The facts leading to the instant revision petition, briefly stated, are that the respondents/plaintiffs, deceased Mst. Bakht Jamala and her husband, Sahib-ur-Rehman, lodged suit for restoration of possession under section 9 of the Specific Relief Act, 1877, as well as perpetual/ mandatory injunction, which was resisted by the petitioners/defendants by filing their written statement, raising therein several legal and factual issues. Another suit for possession through preemption was also subsequently brought by Sahib-ur-Rehman, respondent No.2, against the petitioners and two others with regard to the same property i.e. house, wherein, statements of Patwari Halqa and other PWs were recorded; but the said suit was adjourned sine die till the disposal of the suit under discussion vide order of the learned Civil Judge-V, Mardan, dated…

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