Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration of title---Ownership of Tharas, situated in front of the houses of plaintiffs- Provincial Government claimed to be the owner of Tharas whereas the plaintiffs contended that the Tharas were integral part of the houses allotted to their predecessor-in-interest by Settlement Department---Trial Court decreed the suit in favour of plaintiffs on the ground that the price of the Tharas had been paid by evacuee owner in year 1926 and thereafter the Tharas were the part of evacuee property and was not owned by Provincial Government---Validity---Suit property (Thara) having been sold to the non-Muslim evacuee upon payment of sale price had become an integral part of the main building being its frontage---As the suit property was transferred to the predecessor-in-interest of the plaintiffs, therefore, High Court had done substantial justice between the parties in restoring the and decree passed by Trial Court---Judgment passed by High Court did not suffer from any legal infirmity so as to warrant interference by Supreme Court---Appeal was dismissed. Madan Gopal and 4 others v. Maran Bepari and 3 others PLD 1969 SC 617; Allah Din v. Habib PLD 1982 SC 465 and Muhammad Ashraf v. Dost Muhammad an others 1981 SCMR 383 ref. Nusrat Javid Bajwa, Advocate Supreme Court for Appellants (in C.A. No.2042 of 2001 and for Respondents Nos.10 to 14 in C.A. No.2043 of 2001). Tariq Mehmood, Advocate Supreme Court for Appellants (in C.A. No.2043 of 2001 and for Respondent No.1 (in C.A. No.2042 of 2001). Malik Muhammad Nawaz, Advocate Supreme Court, Dr. Qazi Mohyuddin, Advocate Supreme Court for Respondents Nos.2 to 10 (in C.A. No.2042 of 2001 and for Respondents Nos.1 to 9 in C.A. No.2043 of 2001). Date of hearing: 29th November, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- Both these appeals, by leave of the Court, are directed against judgment, dated 2-3-1999, passed by a learned Single Judge in Chambers of the Lahore High Court, Lahore in Civil Revision No.262 of 1996. 2. The respondents Nos.2 to 10 instituted, before the Senior Civil Judge, Sargodha, a suit for declaration that they were the owners of the suit property…

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