Law: Civil Procedure Code (V of 1908)

Section: 75

Law: Specific Relief Act (I of 1877)

Section: 56

(a)    Civil Procedure Code (V of 1908)--- ----S. 75---Specific Relief Act (I of 1877), S. 56---Suit for permanent injunction---Existence of possession and threat of land being disposed of--Report of Local Commission---Scope---Plaintiff pleaded in his plaint that he along with proforma defendants were in possession of 20 kanals of Shamilat deh land of his village, and the defendants were flexing their muscles to dispossess them from Shamilat land ---Suit was concurrently dismissed---Validity---Record revealed that the Trial Court had appointed Local Commission for spot inspection and report---As per report of Local Commission, the plaintiff and proforma defendants were only in possession of 3 kanals and 4 marlas of land--The Commission was appointed with the consent of the parties and the parties had not objected to the report of the Commission, thus , the report of Commission had become final and role of Commission turned into a referee; hence , both the parties were bound by its report---According to the said report, the plaintiff and proforma defendants were in possession of 3 kanals and 4 marlas of Shamilat deh land, hence, no one could be allowed to dispossess them without following due process of law by taking law in his hands---Thus, it was enjoined upon the Court below to decree the suit to the extent of 3 kanals and 4 marlas of land which was in possession of plaintiff and proforma defendants--High Court decreed the suit filed by plaintiff/appellant to the extent of 3 kanals and 4 marlas of Shamilat land which as per report of Local Commission was in possession of plaintiff and proforma defendants---Appeal, filed by plaintiff, was allowed accordingly. PLD 2011 SC (AJK) 25 ref. (b)    Specific Relief Act ( I of 1877)--- ----S. 56---Suit for permanent injunction---Existence of possession and threat of being dispossessed---Shamilat land, entitlement to---Scope---Plaintiff pleaded in his plaint that he along with proforma defendants were in possession of 20 kanals of Shamilat deh land of village, and the defendants were flexing their muscles to dispossess them from Shamilat land---Suit was concurrently…