Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,r.1,O.XXIII,r.3

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,r.1,O.XXIII,r.3

Specific Relief Act (I of 1877)-------Ss. 9 & 54---Suit for possession and perpetual injunction having been concurrently dismissed by the Trial Court and Appellate Court, plaintiffs had filed second appeal against said concurrent s and decrees---Compromise was arrived at between the parties during pendency of suit whereby suit-land was transferred in favour of father of plaintiffs whereby they became rightful owners of the suit-land in view of compromise deed---Both the Courts below unanimously arrived at the conclusion that plaintiffs who were in possession of suit-land, were dispossessed in the year 1989 and that finding had not been challenged by other side---Irresistible conclusion, in circumstances was that plaintiffs were in possession of suit-land till 1989 and when they were dispossessed, they brought present suit in the year 1990---When a full owner, being in possession of suit-land, was dispossessed in the year 1989 and he brought his suit in the year 1990, then by no stretch of imagination, it could be said that their suit was time barred and it could be dismissed on that ground---Plaintiffs having satisfactorily proved themselves to be the owners of suit-land and also having bee found to have brought the suit within time, impugned s and decrees of Courts below were set aside---Suit by plaintiffs stood decreed in their favour, whereas cross suit filed by defendants, was disallowed. AIR 1932 Born. 466 rel. Raja Gul Majid for Appellants. Sardar Mansoor Pervaiz for Respondents. ORDER SARDAR MUHAMMAD NAWAZ KHAN, C.J.---Through this appeal, the appellants assail the validity of judgment and decree 3aled A July 24, 2000, passed by learned Additional District Judge, Muzaffarabad whereby the judgment and decree recorded by Senior Civil Judge, Muzaffarabad on March 27, 2000 is allowed to continue. This case has a chequered history behind it. Initially, Molvi Ghulam Mohi-ud-Din, father of the appellants herein purchased Survey Nos.72 and 153 total measuring 29 Kanals, two Marlas situated at Prem Kote, Tehsil and District Muzaffarabad, through a sale-deed, dated March 30, 1961, executed in his favour by Rehmat Din (respondent) and Nizam Din, sons of Raj…

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