Law:

Section:

Specific Relief Act (I of 1877)-----S. 8---Suit for possession---Claim of the plaintiff was that suit-land was owned by him and that defendant had encroached upon some of his land as per demarcation report of Revenue Officer---Decree for possession was prayed for by the plaintiff---Both the Trial Court and Appellate Court had concurrently decreed suit---Validity---Defendant, in his written statement, had admitted the title of the plaintiff, but had alleged that demarcation report was illegal---Register Haqdaran Zamin showed that plaintiff was the owner of suit-land and defendant was in possession of certain land as tenant---Any construction raised by the encroacher upon the land admittedly owned by the plaintiff, could not at all give rise to the assumption that land was urban---Demarcation report was fully supported by unchallenged Revenue Record---In absence of any misreading of evidence on record, concurrent s and decrees of the courts below could not be interfered with in revision. Razzaq A. Mirza for Petitioners. Muhammad Ilyas Sheikh for Respondents. Date of hearing: 1st April, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- Inayat Hussain Shah, the predecessor-in-interest of respondents Nos.1 to 9 (hereinabove to be referred as plaintiff), filed a suit against Ibrahim the predecessor-in-­interest of the petitioners as also the respondent No.10. In the plaint it was stated that the land mentioned in the plaint comprising Khasra No.6483 is owned by the plaintiff and, inter alia, the said Ibrahim has encroached upon 16 Marlas of the said land as per demarcation report, dated 22-6-2000 of the Revenue Officer. A decree for possession was accordingly prayed for. The said Ibrahim in his written statement admitted that the suit-land is owned by the plaintiff but states that demarcation report is illegal. Issues were framed. Evidence of the parties was recorded. Learned trial Court decreed the suit on 6-7-2004. A first appeal filed by the said Ibrahim was dismissed by a learned Additional District Judge, Attock, on 5-1-2006. 2. Learned counsel for the petitioner contends that the Revenue Officer had no jurisdiction to conduct demarcation in an urban area, as according…

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