Law:

Section:

Specific Relief Act (I of 1877)-----S. 42---Suit for declaration---Both plaintiff and defendant were brothers and shop in dispute which was owned by Province of Punjab, its title was conveyed to defendant by the Provincial Government through a registered sale-deed and defendant after depositing price of shop was in possession of the same and defendant had also obtained proprietary rights in respect 'of the shop--Case of plaintiff was that he was entitled to transfer of suit shop because he was in possession of the same--Trial Court dismissed suit, but Appellate Court decreed the same---Validity-Considering the conveyance of title by admitted owner, namely, the Province, in favour of the defendant, no scope was left for any declaratory suit---If at all plaintiff asserted ally right under any Government Policy for the purpose of possession, he could not do so without seeking cancellation of sale-deed executed in favour of the defendant---Assertion of plaintiff that he was in possession of shop in dispute, was belied by evidence on record which had proved that plaintiff had placed his lock on disputed shop after filing of suit and said evidence had not been considered by Appellate Court--Impugned appellate decree being a result of non-reading of relevant evidence and failure to apply law. as set aside and decree of Trial Court stood restored. Muhammad Rashid Chaudhry for Petitioner. Nemo for Respondents. Date of hearing: 20th May, 2005. JUDGMENT JAWWAD S. KHAWAJA, J.--- Respondents Nos.1 and 3 are represented. The names of their learned counsel have duly appeared in the cause list. Respondent No.2 has been served and due intimation was given to it for today's hearing. None has appeared on behalf of the respondents despite repeated calls. They are, therefore, proceeded against ex parte. 2. Muhammad Nawaz (petitioner/defendant) impugns the appellate judgment and decree dated 19-6-2001 whereby the decree of the learned trial Court dated 20-12-1995 was set aside and a declaratory suit filed by Ghulam Farid (plaintiff/respondent No.1) was decreed. 3. The facts of this case are simple. The petitioner Muhammad Nawaz is the brother of Ghulam Farid respondent. The dispute…

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