Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 9---Constitution of Pakistan (1973), Art.199---Exercise of Constitutional jurisdiction refused when alternate remedy available---Plaintiff's dispossession from house, without his consent and otherwise than in due course of law---Trial Court decreed plaintiff's suit and ordered his reinstatement in house---Trial Court's order was affirmed in revision--­Validity---Order passed under provision of S.9, Specific Relief Act, 1877, was neither appealable nor open to review---Remedy in revision, though neither expressly nor impliedly excluded, yet interference therein, was rare and exceptional, because of existence of alternate remedy by way of civil suit on basis of title under provision of S.8, Specific Relief Act, 1877---High Court, in Constitutional jurisdiction , therefore, would not embark upon an enquiry for deciding disputed questions of fact and law, when it was still open to aggrieved party, in spite of adverse decision under S.9, to go to a Civil Court under S.8, Spec Relief Act, 1877, on basis of its title and get the appropriate relief---Alternate remedy under provision of S.8, Specific Relief Act, 1877, was neither inconvenient nor inadequate but in fact was the only appropriate remedy---Interference in Constitutional jurisdiction was denied and defendants-petitioners were left to pursue their ordinary remedy at law. Punjab State Club, Simla v. Municipal Committee, Simla AIR 1959 Punj. 220 rel. ORDER This petition under Article 199 of the Constitution arises out of a suit filed by respondent, under section 9 of the Specific Relief Act to recover possession of a house in Abadi Karkhana Gopal Singh, Jandiala Road, Sheikhupura of which he was dispossessed without his consent, and, otherwise than in due course of law. The trial Court decreed the suit in favour of respondent on 6-1-1991. Revision filed against the judgment and decree of the trial Court by petitioners failed in the Court below on 7-5-1991. A house constructed on an area of 5/1-2 Marlas, in village Abadi Karkhana Gopal Singh, Jandiala Road, Sheikhupura belonged to one Hassan Muhammad. He sold it to Malik Noor Muhammad, father of respondent, on…

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