Law:

Section:

Civil Procedure Code (V of 1908)-------0. XIV, R. 1---Issues, framing of---Object---Failure to decide suit according to the issues framed---Jurisdiction of Court---Validity---Where a material point not raised in the pleadings had come to the knowledge of the Trial Court during the course of evidence, the Court might frame an issue regarding same and then try the suit---Object of framing of issues was to ascertain the real dispute between the parties by narrowing down the area of conflict and determining where the parties differ---Both the Courts had decided the suit against the plaintiff on the point which was not in. issue--­Judgments and decrees of both the Courts below were set aside and the case was remanded to the Trial Court for decision afresh in accordance with the pleadings of the parties. JUDGMENT The suit of the plaintiffs Mir Sardar Khan and others for declaration that plaintiffs Nos. l to 4, being the legal heirs of Mir Sardar Khan, are owners of House Khana Shurnari No. 10, while defendants Nos. l to 16 are tenants at rent under them while plaintiffs Nos.5 to 7 being the legal heirs of Mir Ghulam, are the owners of House Khana Shurnari No. 13 and defendants 17 to 29 are tenants at rent under them and for recovery of Rs.3,600 as rent (Khak Shora) for a period of nine years from 1-1-1981 to 31-12-1989 at the rate of Rs.200 per annum i.e. Rs.1,800 against defendants-respondents Nos. l to 16 regarding House No. 10 and Rs.1,800 against defendants Nos. 17 to 29 in respect of House No.13 was decreed to the extent that plaintiffs Nos.5 to 7 were declared as owners and mortgagors of House No.13 while the rest of the suit of the plaintiffs was dismissed vide judgment and decree, dated 13-2-1995 of Civil Judge, Bannu. Appeal filed by Muhammad Yaseen Khan and others challenging the vires of the said judgments and decrees before the Court of the Additional District Judge, also failed vide judgment and decree, dated 16-5-1995 obliging Muhammad Yaseen etc. defendants to challenge both the judgments and decrees in this Court, in the instant civil revision petition under section 115, C.P.C. 3. Dispute regarding House Khana Shumari No.10 having been patched up…

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