Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Plaintiff had claimed that he was owner in the village and also co-sharer in Shamlat-Deh and that he having not made any encroachment, demolition of construction raised by him were illegal---Important issue in the case was as to whether plaintiff was entitled to decree claimed for---Trial Court while deciding that issue proceeded on the premises that in proceedings under S.133, Cr.P.C. it was found by Illaqa Magistrate that plaintiff had encroached upon the land which was a public place---Said order was maintained by the Appellate Court---Trial Court while deciding essential issue in the case did not discuss or take into consideration copies of Revenue Record produced before it---Mere reliance upon findings in an order passed by Illaqa Magistrate in proceedings under S.133, Cr.P.C. in context of dispute and controversy, was not enough to rest the fate of civil suit thereon and to dismiss the same for that reason---Approach of Trial Court to the matter was somewhat inconsistent and irreconcilable inasmuch as it was found that plaintiff was owner in village and disputed site was claimed by him as a co-owner in Shamlat Deh which had not yet been partitioned--­Judgments of two Courts below suffering from illegality and material irregularities, were unsustainable in law---High Court set aside concurrent s of Courts below with direction that suit filed by plaintiff be decided afresh in accordance with law. (b) Specific Relief Act (I of 1877)--- ----S.8---Deciding question of title---Jurisdiction of Civil Court---Question of title when involved or cropped up, it was Civil Court which was to decide same. Central Cooperative Bank Ltd., Sargodha v. Ahmad Bakhsh PLD 1970 SC 343; Azam Khan and another v. The State and another 1989 PCr.LJ 2286 and Muhammad Shuaib v. Sessions Judge, Swat and others 1994 SCMR 665 ref. (c) Administration of justice-- ---- Judicial Officer has to decide matter before him in accordance with evidence produced in that matter---Determination of right of parties has to be in accordance with law applicable. JUDGMENT A declaratory suit was brought by the petitioner that he was…

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