Law: Specific Relief Act, 1877

Section: 8

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 135,177

Specific Relief Act (I of 1877)--- ----S. 8---West Pakistan Land Revenue Act (XVII of 1967) Ss.135 & 177---Suit for possession of immovable property---Maintainability---Contention of the plaintiffs was that defendants had encroached upon their property---Validity---Perusal of record revealed that plaintiffs were not exclusive owners of suit land and the defendants were also co-sharers in the said land---No local commission was appointed by the court to conduct demarcation, rather the plaintiffs opted to produce the Tehsildar as a witness who admitted that the correct "naqsha tajawaz" was neither prepared, nor signed by him---Report of the local commission in a previous suit did not state whether the suit land was duly measured and demarcated and could not be termed as a reliable piece of evidence---Since the plaintiffs were not exclusive owners of the suit land, they could not claim possession of any land without seeking partition of the joint khata, and admittedly they never moved to the Revenue Officer for partition or demarcation of the disputed land under Ss.135 and 177 of the West Pakistan Land Revenue Act, 1967 , and therefore suit under S.8 of the Specific Relief Act, 1877 was not maintainable---Plaintiff's suit for possession, was therefore, rightly dismissed by courts below---Revision was dismissed, in circumstances. ORDER ABDUS SATTAR ASGHAR, J.---The petitioners have invoked the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure, 1908 to impugn the judgment and decree dated 28-8-2012 passed by the learned Additional District Judge, Gujranwala whereby appeal filed by the petitioners against dismissal of their suit for possession vide judgment and decree dated 20-9-2010 by the learned Civil Judge, Gujranwala, has been dismissed and the judgment and decree passed by the learned Civil Judge was confirmed. 2. It is argued by the learned counsel for the petitioner's that the learned Additional District Judge has passed the impugned judgment and decree dated 28-8-2012 without application of judicious mind based on misreading and non-reading of evidence, against law and facts and liable to set aside. 3. Arguments…

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