Law:

Section:

Specific Relief Act (I of 1.877)----- ----S. 54---West Pakistan Land Revenue Act (XVII of 1967), S.39--­Constitution of Pakistan (1973), Art. 185(3)---Suit for permanent injunction-­Disputed land forming part of village Shamilat was handed over to father of defendant for enjoying its usufruct in lieu of services as "Imam" of village mosque without payment of any rent, who later on abandoned Imamat and respondent (his son) occupied the land and relinquished possessory rights in favour of the other defendants by deed of relinquishment---Plaintiffs filed suit for restraining defendants from taking possession of land or raising construction thereon, which was decreed by Trial Court---Appellate Court dismissed defendants' appeal, but High Court accepted their revision petition holding that they being in possession of land as co-sharers could not be dispossessed otherwise than in due course of law---Validity---Defendant had stepped into shoes of his father as "Imam" of village mosque, thus, had notionally come to possess land in lieu of services to be rendered by him--­Defendant could enjoy usufruct thereof till performance of such services, but could not transfer possessory right to the other defendants as entries of column of Lagan and those of column of cultivation were inter se irreconcilable---Result of such irreconcilable entries would be that none of the parties could take possession of disputed land by virtue of their status as co-sharers in village Shamliat---According to long-standing entries in Revenue Record, land had to be enjoyed by Imam of village mosque, thus, neither proprietary body of village could take possession thereof nor Imam could relinquish possession thereof in favour of anyone else---Proprietary body of village would notionally remain owner of such land and they could jointly evolve any formula to regulate its status---Defendants' plea that they had come to possess disputed land in a lawful manner as co-sharer in village Shamilat, had not been raised in written statements, but the same was an improvement in the case in witness-box---Supreme Court accepted the appeal, set aside impugned and restored that of Appellate Court. Mehr Dad v.…

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