Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXVI, R.9---Specific Relief Act (I of 1877), S. 42---Declaration of title---Demarcation of land---Local inspection---Appointment of Commission---Dispute between the parties could be resolved by demarcation of land owned by plaintiff---Was yet to be established that disputed land formed part of a specific Killa number---Local Commission was appointed by Trial Court, who submitted his report but the same was set aside as it did not resolve the dispute regarding demarcation of land---Validity---Courts below did not properly decide the relevant issue touching real contention between the parties---Supreme Court set aside the findings of three courts below and remanded the matter to Trial Court for a fresh decision on all issues after getting disputed portion of land demarcated and directed that District Coordination Officer would demarcate the land in collaboration with survey department---Appeal was allowed. Tariq Mehmood, Senior Advocate Supreme Court for Appellant. Ajmal Khan Kasi, Advocate Supreme Court for Respondents. Date of hearing: 25th April, 2011. JUDGMENT MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---This appeal by leave of the Court is directed against the judgment dated 5-9-2008 passed by a learned Single Judge in Chambers of the Baluchistan High Court, Quetta in Civil Revision No.267 of 2008. 2. The appellant/plaintiff by means of a civil suit, claimed ownership of the land in Khasra Nos.202/200, 194/23 and 189/25 Khewat and Khatooni No.2/5 on the basis of Mutation No.30 attested on 11-1-1984. The dispute in fact relates to a portion of land in Khasra No.25 measuring about 43955 sq. ft. which according to the plaintiff was given by his father about 40 years ago to the transporter for parking of Buses, trucks and taxies. The plaintiff claimed ownership of the Bus Adda and the shops constructed on the disputed land. 3. The respondents/defendants contested the suit and pleaded that the disputed land was leased out to the father of the plaintiff for cultivation in the year 1942 and after the cancellation of the lease several shops were constructed and as many as 20 shops had been recently auctioned by the Municipal…

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