Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 9. & 54--Suit for permanent injunction---Subsequent amendment of plaint---Validity---Plaintiff, who earlier had filed suit seeking perpetual injunction to restrain defendants from forcible dispossession of plaintiffs from land in dispute, had subsequently sought amendment in his plaint to the effect that during pendency of suit, defendants forcibly had dispossessed plaintiff from considerable portion of land in dispute and plaintiff had also sought decree for possession to that extent---Plaintiff as per his averment made in amended plaint being in possession of part of land in dispute, no question of passing a decree for possession in his favour arose but his remedy lay in partition of land in dispute by Revenue Authorities which remedy he was already persuing. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been directed against the judgment of the High Court dated 20-11-1996, whereby confirming the findings of the Courts below, the appeal filed by the appellants, herein, was dismissed. 2. The brief facts giving rise to the present appeal are that the appellants alongwith the respondents Nos.13 to 18 the successors-in-interest of one Muhammad Hussain, deceased, brought a suit against Muhammad Malik and others in the Court of sub-Judge, Mirpur, seeking a perpetual injunction to restrain the defendants-respondents from the forcible dispossession of the Plaintiffs from the land measuring 3 Kanals, 9 Marlas, comprising Survey No.4060/2. However, subsequently, the respondents Nos.13 to 18 withdrew from the suit and only Badar Din, deceased, proceeded with the suit. He sought an amendment in the plaint to the effect that during the pendency of the suit Muhammad Malik and Muhammad Sadiq forcibly dispossessed him from the suit land measuring 2 Kanals 8 Marlas and 8 Marlas, respectively and, thus, he also sought a decree for possession to that extent. The suit was contested by Muhammad Malik and others alleging that the suit land comprising Survey No.4060/2 had been in their possession since ancient times; they also denied to have dispossessed Badar Din during the pendency of the suit. After framing the issues…

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