Law: Specific Relief Act, 1877

Section: 9

Law: Specific Relief Act, 1877

Section: 9

Specific Relief Act (I of 1877)--- ----S.9---Suit for recovery of possession---Concurrent findings of fact by the Courts below---Trial Court decreed the suit in favour of plaintiffs on the ground that defendants had forcibly dispossessed them---Judgment and decree passed by Trial Court was maintained by Appellate' Court---Validity---Concurrent findings of fact arrived at by Courts below against defendants---Both the Courts below had passed s and decrees after weighing evidence led by parties and had concurrently found that memorandum of exchange had been acted upon and defendants were in possession of the property obtained through exchange---Defendants were unable to explain or establish otherwise, and it did not lie in the mouth of defendants to contend that memorandum of exchange was not acted upon---High Court declined to interfere in concurrent s and decrees so passed---Revision was dismissed in circumstances. Ch. Muhammad Masaud Akhtar Khan for Petitioners. ORDER MAMOON RASHID SHEIKH, J.---Through this petition the petitioners have assailed the judgments and decrees dated 15-12-2007 and 24-3-2010 passed respectively by the learned Civil Judge, Shakargarh and the learned Additional District Judge, Shakargarh. 2. Briefly stated the facts according to the petitioner are to the effect that admittedly a memorandum of exchange was executed on 12-7-1991 between the petitioners and the predecessor-in-interest of the respondents (hereinafter to be referred as the respondents") in respect of parcels of land situated in Mauza Azizpur, Tehsil Shakargarh, owned by both the parties measuring in the case of the petitioners 10 marlas and in the case of the respondents 13 marlas. The said memorandum of exchange is stated to have not been acted upon. As a consequence, no exchange of property took place nor any title was transferred nor any mutation was entered into the revenue record nor any exchange deed was registered. 'On 28-11-2001 the respondents brought a suit under section 9 of the Specific Relief Act, 1877 against the petitioners for recovery of possession of the land in question (10 marlas) on the premise that the respondents were the owners in possession of the…

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