Law:

Section:

---- S. 9 --- Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 421 (12) --- Leave to appeal was granted to consider whether suit in question, was not in fact merely under S.9, Specific Relief Act, 1877 but was also based on title and possession could have been given by the Court even after holding that such suit had not been filed within stipulated period of six months. (b) Specific Relief Act (I of 1877)--- ---- S. 9 --- Dispossession from immovable property --- Suit for recovery of possession --- Alternate remedy --- Party having failed to recover possession under 9.9, Specific Relief Act, 1877, would still have an alternate remedy of a regular suit for possession on basis of title --- Plaintiffs, however, had failed to prove that they had been dispossessed within six months --- No misreading or non-reading of evidence was found on question of limitation period of six months --- High Court had correctly found that plaintiffs were not entitled to any relief in second appeal. JUDGMENT BASHARAT AHMAD SHAIKH, J.--This is an appeal, by leave of the Court, from the judgment of the learned Single Judge of the High Court recorded on 8-5-1991 whereby second appeal filed by the present appellants was dismissed with costs. The relevant facts are that Muhammad Sharif, who is now represented by his widow Mst. Jhali and his two sons, Gulfraz and Muhammad Fiaz, as well as his five brothers, Khan Muhammad, Kala, Muhammad Akbar and Kaka, filed a suit for possession under section 9 of the Specific Relief Act against Lal Khan, the respondent before us, in the Court of Sub-Judge, Sehnsa on 2nd of August, 1982. It was averred in the plaint that land measuring 11 Kanals 1 Marla under Survey No. 431/2 situate in village Pehyai was in possession of the plaintiff since long. It was claimed that the plaintiffs were co-sharers with defendant Lai Khan. It was alleged that defendant Lai Khan forcibly dispossessed the plaintiff from land measuring 7 K anals out of Survey No. 431/2 mentioned above. These averments were controverted by Lal Khan in his written statement. The suit was dismissed on 30th of December, 1984. Appeals taken to the learned District Judge and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492