Law: Specific Relief Act, 1877

Section: 9,42

Specific Relief Act (I of 1877)--- ---s.9 42--uit for declaration, possession, compensation and damages assailed and decree passed by Single Judge in a suit for declaration, possession, compensation and damages filed by respondent---Case of respondent was that the appellant trespassed upon and illegally took over possession of his property which was still in his name and when he issued several letters to the appellant to restore his possession, the appellant disputed his ownership and insisted that the suit property was acquired for public purpose---Validity---Originals of all the relevant documents in respect of the suit property were produced by respondent in his examination-in-chief--uch documents, inter alia, were registered sale deed in his favour, mutation in his favour in Village Form, verification of his ownership by the Mukhtiarkar concerned, legal notice sent to the appellant and its reply--uch material documents were exhibited without any objection, whatsoever, from the appellant---Burden to prove the issues was successfully discharged by him; and, thereafter the burden had shifted upon the appellant, but it had failed in discharging such burden had not only failed to cross-examine the respondent but had also failed to lead any evidence, whatsoever, in its rebuttal---No illegality or infirmity was found in impugned ---Appeal was dismissed, in circumstances. Raza Enterprises v. The Assistant Commissioner and others 2001 CLC 1808 and The Commanding Officer, National Logistic Cell and another v. Raza Enterprises and others 2003 CLC 719 ref. JUDGMENT NADEEM AKHTAR, J.---- This appeal is directed against the judgment and decree passed by a learned single Judge of this Court in Suit No.806/1995 whereby the said Suit for declaration, possession, compensation and damages filed by respondent No.1 against the appellant / National Logistic Cell (NLC) and respondent No.2 / Government of Pakistan was decreed with costs in terms of prayers (a), (b) and (d) made therein. The above Suit was filed by respondent No.1 with the following prayer : (a) A declaration that the plaintiff is lawful owner of suit property viz. plot of land bearing Survey No.61, measuring 01…

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