Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration without seeking consequential relief---Dismissal of suit---High Court after taking into consideration all points raised before it, concluded (i) that respondents who had been shown as tenants in revenue record of suit-land since 1970, were in occupation since then and that Authorities had received instalments of purchase money from respondents and had allowed them transfer of suit property, (ii) that since even according to petitioner's own showing he was not in possession of suit-land more than 15 years, obviously without claiming consequential relief suit for declaration in present form was not maintainable---No exception, held, could be taken to the view that prevailed with High Court---Leave to appeal was refused. ORDER ABDUL KADIR SHAIKH, J.--This petition arises out of a suit riled by petitioner against respondents for declaration that "he is the sole Khatedar of the suit-land and the respondents have no right to deny the same or for that matter get their names entered" as such i.e. as Khatedar of the land. It was further prayed that the defendants be permanently restrained from claiming any such right over the land in question. In defence, respondents pleaded that they are owners in possession of the suit-land, in that, they have paid the price of the land and the same was accepted from them by the Revenue Authorities as owners of the property. Learned trial Judge dismissed the suit as he reached the conclusion that "the defendants are in possession of the land in question since more than 16 years and the plaintiff has never interfered in their peaceful possession" and further that "plaintiff is out of possession of the suit property and the title of the same has also been transferred in the name of defendants by attestation of mutation in favour of the defendants" and that "defendants are in…

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