Law: Specific Relief Act, 1877

Section: 9,42,54,55

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9, 42, 54 ,  55--Suit for possession declaration and mandatory injunction--Inheritance mutation--Recorded owners of property--Presumption of truth--Specific date regarding claim of adverse possession by respondents--Entitlement for possession-- Non-producing of evidence by respondents regarding cultivation of suit property--Ocular evidence--Challenge to--Presumption of truth was attached to revenue entry produced by petitioners--This aspect of matter has totally been ignored by trial Court as well as an appellate Court and have given weight to ocular evidence produced by respondents--Trial Court as well as appellate Court has failed to consider evidence on record in its true perspective--No such documentary evidence was produced to establish that respondents were cultivating said property for last forty years have failed to establish that they possess property on basis of proprietary basis were unable, to point out any specific date on which respondents claimed adverse--Possession of property against petitioners--It is held that petitioner is lawful owner of property and he is entitled for its possession, whereas respondents have no lawful right to retain possession of same--Findings of trial Court, as well as appellate Court in respect of issues are contrary to evidence on record--Revision petition allowed.  Ownership Title-- ----Possession howsoever it adverse is, do not confer any ownership title to possessee of property as a claim on basis of adverse possession has been declared against injunction of Islam by Hon’ble Supreme Court of Pakistan. Mr. Abbas Ahmed Jamaldini, Advocate for Petitioners. Mian Baddar Munir, Advocate for Respondents No. 1 to 6. Date of hearing: 7.9.2020. JUDGMENT This civil revision petition has been filed under Section 115 of Code of Civil Procedure Code, 1908 (hereinafter “the, CPC”) arising out of the judgment and decree dated 16.3.2016 passed by learned Additional District Judge-VII, Quetta (hereinafter “the appellate Court”) wherein the appellate Court while dismissing the appeal under Section 96, C.P.C. filed by the petitioner (appellant) upheld the judgment and decree…

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