Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Plaintiffs had claimed in their suit that they were owners in possession of suit-land which was part of Shamlat Deh and appeared in Jamabandi for the years 1915-1916---Defendants resisted suit contending that they were owners of suit-land by of Tehsildar and decree of Civil Court---Jamabandi for the years 1915-1916 showed that predecessor-in-interest of plaintiffs was in cultivating possession of suit-land, whereas predecessor-in-interest of defendants was in cultivating possession of different Khasra Number---Suit was concurrently dismissed by Courts below---Conclusion of Courts below was quite contrary to relevant Jamabandi and constituted misreading of said document---In view of said misreading of evidence and unjustified reliance, it was clear that Courts below had misdirected themselves and had .exercised their jurisdiction with material irregularities---Impugned decrees of Courts were set aside and on basis of available evidence, plaintiffs were declared to be owners in possession of suit-land. Ch. Manzoor Hussain Basra for Petitioners. Zafar Iqbal Chaudhry for Respondents. Date of hearing: 15th February, 2005. JUDGMENT JAWWAD S. KHAWAJA, J.---The petitioners/plaintiffs are the L.Rs. of one Asalat Khan. They filed a suit claiming declaration that they are owners in possession of the suit-land measuring 10 Kanals, 4 Marlas which was part of the Shamlat Deh, comprised in Khasra Nos.1565 (5 Kanals, 3 Marlas) and 1566 (5 Kanals, 1 Marla) appearing in the Jamabandi for the year 1915-1916. The respondents/defendants who are the L.Rs. of Munshi son of Lal Shah, resisted the suit. It was their case that by virtue of the judgment of the Tehsildar dated 22-7-1971 (Exh.P.5) and the decree of the learned Civil Court, dated 4-4-1974 (Exh.D.7) they were owners in possession of the suit-land. The respondents/defendants based their claim entirely on the aforesaid documents Exh.P.5 and Exh D.7. 2. A bare perusal of the `Jamabandi' for the year 1915-1916 (Exh.P.1) shows that Asalat Khan (predecessor-in-interest of the petitioners) was in cultivating possession of the suit-land. Lal Shah…

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