Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 8 & 9---Civil Procedure Code (V of 1908), S.115---Suit for recovery of possession on the basis of title---Maintainability---Suit for recovery of possession under S.9, Specific Relief Act, 1877, was dismissed ---Validity--­Plaintiff was not debarred from filing the suit on the basis of title if he had failed to get relief under S.9 of the Specific Relief Act, 1877---Suit on the basis of title was maintainable in circumstances. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 9---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Constitutional petition before High Court---Maintainability---During pendency of suit for specific performance on the basis of title the Appellate Court, in exercise of revisional jurisdiction under S.115, C.P.C., decreed the suit filed under S.9 of the Specific Relief Act, 1877---Judgment and decree passed by the Appellate Court were set aside by High Court in exercise of jurisdiction under S.199 of the Constitution---Validity---Where the plaintiff failed to get relief under S.9 of the Specific Relief Act, 1877, he was not debarred from filing suit on the basis of title and recovery of possession--­Interference by the Appellate Court by decreeing the suit was neither proper nor sustainable in law, therefore, Constitutional petition filed by the petitioner was maintainable---Judgment and decree passed by the Appellate Court was without lawful authority in circumstances. Mst. Majeedan-through Legal Heirs and another v. Muhammad Naseem through Legal Heirs and another 2001 SCMR 345 ref. ORDER MUNIR A. SHEIKH, ACTG. C.J.---On the basis of agreement of sale dated 31-5-1967 allegedly executed by Nazir Ahmad, the transferee of the property, the respondent on 26-3-1975 filed a suit under section 9 of the Specific Relief Act for recovery of possession of the shop alleging that though the possession of the said shop had been delivered to him by the said vendor under the said agreement of sale but he was illegally dispossessed within six months from the date of filing of the said suit. It was contested by Nazir Ahmad and dismissed through judgment dated 5-1-1980 by the trial Court. 2.…

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