Law: Specific Relief Act (I of 1877)

Section: 10 , 9 , 115

Specific Relief Act (I of 1877)--- ----S.10---Civil Procedure Code (V of 1908), Ss. 9 & 115---Suit for recovery of arrears of rent of building---Plaintiff riled suit for recovery of arrears of rent from defendant Educational Institution in respect of building in dispute claiming that he had constructed said building spending his own money though land for that building was donated by villagers---Defendants resisted suit contending that building in dispute was constructed by villagers on land donated by them and with donations collected by them on self-help basis and that plaintiff as a co-villager, had only managed construction of building without spending any thing from his own pocket---Evidence produced by plaintiff that he had constructed building on land donated by villagers by spending money from his own pocket, appeared to be reliable, but it had been established by evidence on record that period for which rent was claimed by plaintiff, building in dispute was not in occupation of defendant institution---In view of dilapidated condition of building in dispute, Government had constructed new building at some distance from building in dispute and defendant institution after abandoning disputed building, had shifted to newly constructed building---Plaintiff, in circumstances, was not entitled to receive rent for period in question as building in question was not in occupation of defendant institution for using it as a school---Court accepting claim of plaintiff/petitioner in respect of building material of that dilapidated building, allowed plaintiff to remove that building material and to utilize same in any manner he liked. Ch. Hamid-ud-Din for Petitioner. Sh. Abdul Majid for Respondents. Dates of hearing: 29th April, 14th and 25th May, 1991. JUDGMENT This judgment shall dispose of C.R. No. 1892 of 1990 and C.R. No. 1893 of 1990. Both of them arise out of a consolidated judgment and decree of a learned District Judge at Sialkot, dated 10-12-1989, whereby petitioner's two appeals were dismissed   against the consolidated judgment and decree of a learned Civil Judge at Sialkot, dated 25-9-1988, dismissing his two consolidated suits. A.D. Nisar…