Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration was concurrently decreed by the courts below---Plaintiff had failed to prove title to the suit property and both courts below had misconstrued and misread the evidence---Allowing `revision, impugned s and decrees passed by the courts below were set aside and case was remitted to the Trial Court to provide chance to plaintiff to produce further evidence in proof of his title, if any, along with providing a chance of rebuttal to defendants and to decide case afresh in accordance with law. Ch. Muhammad Suleman, Addl. A.-G. for Petitioners. Respondent: Ex parte. ORDER SARDAR MUHAMMAD ASLAM, J.---This civil revision is directed against the concurrent judgments and decrees passed by the learned Courts below whereby the learned Civil Judge decreed respondent's suit for declaration with consequential relief and mense profit, which was affirmed in appeal on 21-3-1995. 2. Briefly the case of respondent/plaintiff is that he is registered society registered with the Assistant Registrar, Joint Stock Companies vide Registered No.1/31, dated 13-5-1966 and has filed a suit for declaration with consequential relief and mense profit to the effect that the plaintiff is owner of the suit property. Suit was contested by the petitioners/defendants. Issues were framed. Both the parties were directed to produce their respective oral as well as documentary evidence. The learned trial Court after hearing the parties decreed the suit against which an appeal was preferred by the petitioners/defendant which came up for hearing before the learned Additional District Judge, Sialkot who vide his judgment, dated 21-3-1995 upheld the findings arrived at by the learned trial Court. Being dissatisfied with the said judgments and decrees the petitioners have filed the instant civil revision. 3. Heard. Record perused. 4. The respondent/plaintiff produced P. W.1 Abdul Wahid. He stated that disputed property was Waqf and Haji Shahab-ud-Din was its Waqif. The plaintiff is running this institution. It was nationalized under MLR 118. P.W.2 Qari Abdul Rehman stated that the property belongs to Anjman Darul Aloom Shahabia, which is…

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