Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and perpetual injunction---Shamilat land, purchase of---Scope---Plaintiff filed suit for declaration, perpetual injunction and recovery of damages---Plaintiff claimed that he was owner in possession of property including shamilat, while defendants had no concern with the same---Plea of defendants was that they had purchased property through mutations and unregistered deeds---Trial Court decreed the suit of plaintiff and Appellate Court while accepting the appeal dismissed the suit---Validity---Parties were in unison that defendant had pre-empted certain transactions in the disputed shamilat---Courts below had ignored the fact that plaintiff was recorded as joint owner in the column of cultivation because entries in the column of ownership in shamilat property was only made when a person purchased any property along with share in shamilat---Purchase of any property without purchasing share in shamilat was alien to the principle that person belonging to non-proprietary body could not be given same status as a person belonging to proprietary body of the village, who inherited his ownership rights---High Court declared the plaintiff to be co-sharer along with defendant---Judgments and decrees passed by courts below were modified accordingly. Muhammad Asjad Abbasi and others v. Iqbal Muhammad Chauhan and others 2018 SCMR 2051 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Through instant revision petition, the petitioner has called in question the judgment and decree dated 14.03.2013 of learned Additional District Judge, Lakki Marwat, whereby accepting appeal of respondents/ defendants against the judgment and decree dated 17.12.2011 of learned Civil Judge, Lakki Marwat, suit of petitioner was dismissed. 2. Brief facts of the case are that petitioner and performa respondents have filed a suit for declaration and permanent injunction and recovery of Rs.20000/-. It is averred in the plaint that they are owners in possession of suit Khasra Nos. 5465 and 5466, in Khata No. 399 including shamilat-e-deh of Moza Darra Pezu, while real respondents have no concern whatsoever, with…

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