Law:

Section:

Specific Relief Act (I of 1877)---------S. 8---Suit for possession---Encroachment, proof of---Plaintiffs had alleged that defendant was an encroacher and was in illegal possession of suit property and had prayed that decree for possession of property be passed directing defendant .to deliver possession of property to them and also to remove superstructure raised thereon--­Trial Court after recording evidence of the parties and hearing arguments of parties dismissed the suit, but Appellate Court set aside passed by Trial Court---Earlier, suit in respect of same land was compromised between the predecessors of the parties---Local Commissioner who dealt with . the matter of demarcation of suit property had reported that no encroachment had been made . by defendant over suit property---Even report of Tehsildar available on record had given no finding of any encroachment allegedly made by the defendant---Property claimed by plaintiff and., the one purchased by defendant were .situated in different khasra numbers---Trial Court in absence of any, cogent evidence in support of plea of plaintiffs, had rightly dismissed their suit while the Appellate Court had misread evidence on record---Judgment of Appellate Court suffering from illegality and material irregularity, was liable to be set aside and that of Trial Court was to be maintained---High Court set aside the and decree passed by Appellate Court in circumstances. Taqi Ahmad Khan for Petitioners. Muhammad Tufail for Respondents Date of hearing: 4th October, 2002. JUDGMENT The petitioners through this revision petition have assailed the orders of the First Appellate Court dated 24-1-1996 by virtue of which the judgment and decree of the trial Court dated 9-7-1987 dismissing the suit of Mst. Riaz Fatima and others, present respondents, was set aside and their suit for possession was decreed in their favour. 2. Briefly stated the facts of the case are that Mst. Riaz Fatima -and others brought a suit for possession of the property measuring 1 Kanal and 19 Marlas situated in Khasra No.1876/238/2 with the averments that defendant No.2 Mrs. Khudija Ijaz is also owner of the property alongwith the plaintiffs but she has not…

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