Law: Specific Relief Act, 1877

Section: 42,54,55

Law: Civil Procedure Code (V of 1908)

Section: 31

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42, 54 ,  55--Civil Procedure Code, (V of 1908), O.XLI R. 31-- Suit for declaration, mandatory and permanent injunction--Concurrent findings--Judgment of appellate Court--Points of determination--Respondent No. 2 was arrayed as plaintiff in suit after 7 years from institution of suit--Challenge to--Judgment of Appellate Court shall state points of determination, decision thereon and reasons for decision--The Court is required to record important questions involved in case in light of respective contentions of parties and decide same after application of its independent judicious mind--The decision should be self-explanatory, illuminative and in nature of a speaking order--The Court should set forth evidence relied upon and its own conclusions supported by reasons--I have gone through impugned , which does not reflect what led Appellate Court to affirm findings of trial Court have neither been adverted nor alluded to--Even no finding has been given on issue of limitation--The contentions of parties though mentioned in impugned but it is not discernible as to whose arguments merited dismissal of appeal--Appeal allowed. 1996 SCMR 669, 2016 CLC 1258, 2017 YLR Note 253, 2021 CLC 1609 ,  2021 CLC 1647 ref. ORDER This appeal is directed against judgment and decree dated 10.08.2018, passed by learned Additional District Judge, Lahore, whereby appellants’ appeal against judgment and decree dated 31.07.2013, passed by learned Civil Judge, Lahore, decreeing the suit filed in favour of Respondent No. 2, was dismissed. 2. Brief facts of the case are that respondents filed a suit for declaration, mandatory and permanent injunctions against appellants regarding suit property detailed in para 1 of the amended plaint. The suit was contested by the latter by filing written statement. After framing issues, recording evidence and hearing arguments from both sides, learned Trial Court decreed the suit in favour of RespondentNo. 2 declaring him lawful owner of the suit property, directed to put him into the actual possession of the suit property, appellants were directed not to interfere into possession of Respondent No. 2…

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