Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit filed by plaintiffs was for declaration only without seeking consequential relief of possession---Effect---Trial Court decreed the suit in favour of plaintiffs but lower Appellate Court dismissed the same---Validity---Plaintiffs failed to claim consequential relief of possession, so lower Appellate Court when found plaintiffs entitled to decree for declaration by concurring with findings of Trial Court should have allowed them to amend the plaint by adding a prayer for possession and would have ordered to affix appropriate court fee and then togrant them relief even though they had not specifically asked for the same instead of non-suiting them on the basis of technicalities---High Court directed that claim of consequential relief in the form of possession was to be read as part of plaint and suit was decreed in favour of plaintiffs for declaration along with consequential relief---Revision was allowed in circumstances. Dilmir v. Ghulam Muhammad and 2 others PLD 2002 SC 403 and Ali Muhammad and another v. Muhammad Bashir and another 2012 SCMR 930 ref. Mst. Arshan Bi through Mst. Fatima Bi and others v. Maula Bakhsh through Mst. Ghulam Safoor and others 2003 SCMR 318; Altaf Hussain alias Mushtaq Ahmed v. Muhammad Din and others 2010 CLC 1646 and Muhammad Yar v. Muhammad Bukhsh 2017 CLC Note 11 fol. THIS JUDGMENT DELIVERED BY: SHAHID BILAL HASSAN, J.- Precisely, the predecessor in interest of the petitioners namely Dad instituted a suit for declaration on 20.09.1999 in which he challenged the vires of mutation No.249 dated 16.04.1999 asserting therein that he was owner of the suit property falling in Khewat No.15, Khatooni No.148, measuring 56 kanals 10 marlas of square No.28, Killa Nos.4, 7, 14, 17 and 24 situated in Chak No.650/1-GB, Tehsil Jaranwala, District Faisalabad, which was owned by the Provincial Government and in the year 1956 the suit property was allotted to the predecessor of the petitioners namely Dad under "Bedakhal Muzaraen Scheme", whereas "Baie-Sletani" dated 14.11.1983 was processed and mutation No.132 was sanctioned in the name of the predecessor of the petitioners. He (Dad) neither sold…

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