Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S.10---Settlement Scheme No.l---Composite property---Single storeyed property transferred to various persons---Transfer will include transfer of roof up to sky---Transferee of a Chaubara cannot lay claim to the roofs of other properties claiming that they formed courtyard of Chaubara. (b) Easements Act (V of 1882)--- ----S. 28---Right of easement by prescription cannot be claimed through user for less than 60 years in case of Government property . (c) Civil Procedure Code (V of 1908)--- ----S. 115---Material irregularity---Lower Appellate Court without properly dealing with logic of the findings of trial Court, reversed findings on issues--­Appellate Court, held. acted with material irregularity and illegality in exercise of its jurisdiction. . JUDGMENT This revision petition is directed against judgment and decree dated 13-12-1986 passed by the learned Additional District Judge, Sialkot accepting the appeal of respondent against judgment and decree dated 3-6-1975, passed by the learned trial Court decreeing the suit of the petitioners for possession after demolition. 2. The facts giving rise to this revision petition in brief are that according to the case of the petitioner set up in the plaint the shop in dispute as shop No.1337 being evacuee property was transferred by the Settlement Department to one Abdul Hayee from whom the petitioners purchased the same through registered sale-deed. A Chaubara over property No.6/1343 which was also evacuee property was transferred by the Settlement Department to the respondent. The petitioners averred in the plaint that the respondent illegally constructed a latrine and a bath on the roof of their shop. Originally a suit for declaration and injunction was filed which was converted into suit for possession after demolition by amending the plaint with the permission of the Court. The respondent contested the suit. In the written statement it was pleaded that the roof of the shop was under the use of the respondent for the last 20 years and was part of Chaubara transferred to them as its courtyard and bath and latrine were present from the…

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