Law: Specific Relief Act (I of 1877)

Section: 54

Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), S. 115---Suit for permanent injunction ---Revisional jurisdiction, exercise of---Case of petitioner/plaintiff was that land in dispute was part of Shamlat Deh and he being proprietor in village was also joint owner  of  that  land  and  being  in  exclusive  possession  of  same,  other co-owners/defendants could not interfere in his possession without getting same partitioned---Evidence on record showed that disputed land according to earlier Jamabandi was part of Shamlat Deh in possession of all owners of village, but in subsequent Jamabandis plaintiff/petitioner was recorded in possession of land as `Kashatkar'---None of defendants had been shown in possession of that land with plaintiff---Courts below concurrently concluded that land in dispute was `Banjar Qadeem' and in later Jamabandi it was shown as "Ghair Mumkin" "Chappri", thus same would be deemed to be in possession of all owners of Shamlat Deh land and plaintiff/petitioner could not maintain suit to keep possession of same exclusively with him---Evidence on record clearly showed that plaintiff came into possession of land in dispute in 1951-52 as Kashatkar and was in its possession exclusively till filing of suit and continued to be so even today as admitted by a defendants' witness and established by Jamabandis for the year 1951-52 onward---Courts below in dismissing case of plaintiff concurrently, had committed material irregularity and illegality in exercise of jurisdiction vested in them under law---Concurrent judgment and decree of Courts below based on misreading and non-reading of evidence, was set aside by High Court in exercise of its revisional jurisdiction. Sh. Naweed Sheryar for Petitioner. Ch, Muhammad Arshad Mitto for Respondents Nos.l and 3. Ch. Sardar Ali for Respondent No. 2. Nemo for Respondent No. 4 . Date of hearing: 10th April, 1993. JUDGMENT In this revision petition judgment and decree dated 4-2-1980 passed by the learned District Judge, Gujrat, through which petitioner's appeal against judgment and decree…