Law:

Section:

Specific Relief Act (1 of 1877)-------S. 8---Suit for possession of roof of shops---Plaintiff had claimed possession of roof of two shops which were conveyed to him through sale-deed executed in his favour by the Reader of the Court in execution of a decree for specific performance---Defence set up by defendant was that he was a tenant in the adjacent property for many years and thereafter had purchased same---Defendant, however, had conceded in his testimony that the roof on top of shops purchased by plaintiff was not included in conveyance in his favour---Defendant had acquired title subsequent to conveyance in favour of plaintiff---Evidence on record had shown that title which was conveyed to plaintiff, included the roof top claimed by plaintiff---Trial Court decreed suit for possession of plaintiff, but Appellate Court while dismissing suit of plaintiff neither had taken into consideration circumstances of case nor had addressed reasoning of Trial Court---Appellate Court having exercised its jurisdiction with material irregularity and ignoring material aspects of the case, appellate and decree, legally were not maintainable and were set aside and decree passed by Trial Court stood restored. S.M. Masood for Petitioner. Nemo for Respondent: Ex parte. Date of hearing: 8th March, 2005. JUDGMENT JAWWAD S. KHAWAJA, J.---The case has been called repeatedly at intervals. None has appeared for the respondent. He is, therefore, proceeded against ex parte. 2. The petitioner/plaintiff, namely, Muhammad Yaqoob impugns the appellate judgment and decree dated 5-7-2001, whereby the decree of the learned trial Court in favour of the petitioner dated 29-5-2000 was set aside and the plaintiffs' suit for possession was dismissed. 3. The facts of this case are simple. The petitioner claims possession of the roof of the two shops which were conveyed to him through sale-deed (Exh.P.2) dated 4-1-1984 executed in his favour by the A reader of the Court in execution of a decree for specific performance dated 21-12-1983. The Khasra number of the area conveyed to the petitioner is 20/2/1 measuring 1 Marla, 2 Sirsahis. This is mentioned in the sale-deed (Exh.P.2) and is also recorded…

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