Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42---Suit for declaration to the effect that the plaintiff was owner of the property---Trial Court dismissed the suit in the first round of litigation while the Appellate Court accepting the appeal set aside the and decree of the Trial Court and remanded the case with direction to decide the case afresh allowing the parties to seek amendment and adduce additional evidence---Both the parties did not produce any additional evidence (oral or documentary)---Trial Court dismissed the suit after remand mainly, on the ground that suit for declaration without seeking relief of possession was not maintainable--­Judgment and decree of the Trial Court was upheld by the Appellate Court---Contention of the plaintiffs was that valuable rights of the plaintiffs, could not be knocked out; on technical grounds and if the plaintiffs had not claimed the relief of possession, it was open to the Court to allow the plaintiffs to amend the plaint by adding prayer of possession---Validity---Held, plaintiffs were provided ample opportunity to amend the plaint but the same was not availed--­Plaintiffs, even after the remand failed to avail the opportunity to amend the suit despite clear direction of the Appellate Court--­Plaintiffs having not sought amendment in the pleadings even at subsequent stage, had thus abandoned the right of possession---Suit for declaration without consequential relief of possession was not maintainable---Plaintiff was certainly out of possession of the suit property and mere declaration without seeking the possession was not competent. Mst. Arshan Bibi v. Maula Bakhsh 2003 SCMR 318; Inayat Ali alias Inayat Hussain and others v. Muhammad alias Tota and others 1993 MLD 2367; Muhammad Yar v. Mst. Iffat Sultana 2000 MLD 531 and Farmanullah and others v. Qalandar and others 1999 YLR 1610 ref. Ch. Zafarullah for Petitioners. ORDER Facts narrated by the learned counsel for the petitioners are that the predecessor-in-interest of the petitioners, was the owner of the suit property who appointed respondent No. 1 as her general attorney qua the suit property through a registered deed dated 1-7-1978. The said power of attorney was…

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