Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Punjab Land Administration Manual, Para. 774---Suit for declaration and injunction---TIRNI GUZAR---Connotation---Non-existing right---Effect---Respondents / plaintiffs were in possession of State land in their capacity of TIRNI GUZAR---Suit was decreed in favour of respondents / plaintiffs concurrently by Trial Court and Lower Appellate Court---Validity---TIRNI GUZAR is merely a lessee / tenant and is not owner of land leased out to him---In revenue record petitioner / Provincial Government was shown owner of suit land and respondents / plaintiffs were mentioned as illegal occupants upon State land---There was neither any mutation nor any order of allotment ever passed in favour of respondents / plaintiffs---Possession of respondents / plaintiffs over suit land was of an illegal nature---All ethical, moral and legal norms favour law abiding persons and lends no support to illegal occupants, usurpers, transgressors, encroachers and grabbers of State land---Through suit for declaration under S. 42 of Specific Relief Act, 1877 only a declaration is issued regarding a pre-existing right and no fresh right can be created---Any suit for declaration with non-existent right is not maintainable---High Court in exercise of revisional jurisdiction set aside judgments and decrees passed by two courts below as they were the result of misreading and non-reading of evidence and failure to apply correct law---Resultantly suit filed by respondents / plaintiff was dismissed---Revision was allowed, in circumstances. Fazal ur Rehman and others v. Province of Punjab through District Officer (Revenue) Bhakkar and another 2014 SCMR 1351; Muhammad Sharif through L.Rs v. Province of Punjab through District Officer Revenue, Pakpattan 2014 SCMR 334; Shazia Gillani and others v. Board of Revenue, Punjab Lahore through Member Colonies and others (in C.P. No.332-L of 2016); Civil Petition No.882-L of 2015; Director Military Lands and Cantonment Quetta Cantt., Quetta and others v. Aziz Ahmed and others 2023 SCMR 860; Al-Shafique Housing Society v. P.M.A PLD 1992 SC 113; Union Council Dhabeji v. Al-Noor Textile Mills Ltd. 1993 SCMR…

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