Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---Civil Procedure Code (V of 1908), O.XXVI, R.9---Suit for possession--Local Commission, report of---Suit was decreed by the Trial Court and same was upheld by Appellate Court----Plaintiff, in order to show ownership, had relied on a copy of haqdaraan wherein the plaintiff was shown as partly the owner of the suit land---Defendants were in possession of the land owned by them---Report of the local commission, when scrutinized in the light of documentary evidence produced by the plaintiff, was found to be clearly false as the plaintiff was not the exclusive owner of the suit land---Revenue record produced by the plaintiff was against the plaintiff's own version---Objections on the report of said local commission raised by the defendants, were not attended to by the courts below---Local Commission had not issued notices to the defendants and had not observed the instructions with regard to the demarcation issued by the Board of Revenue---Patwari was not present at the time of the spot inspection and revenue record had not been relied upon by the said local commission in its report---Report of the said local commission was not reliable and revenue record being against the plaintiff, there was no evidence available with the Trial Court to decree the suit---Findings of the courts below were based upon misreading and non-reading of evidence---High Court set aside orders of the courts below and dismissed suit of plaintiff----Revision was accepted, accordingly. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the petitioners have challenged the judgment and decree dated 7-1-1997 passed by Additional District Judge, Rahim Yar Khan whereby appeal filed by the petitioners was dismissed and the judgment and decree dated 15-2-1996 passed by Civil Judge 1st Class, Rahim Yar Khan decreeing the suit filed by respondent No.1 Wahid Bakhsh was maintained. 2. Brief facts of the case are that the plaintiff-respondent No.1 instituted a suit for possession on 10-12-1991 with regard to the suit-land measuring 1 kanal, 13 marlas, fully described in the head note of the plaint. He averred in the plaint that he had got the said land…

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