Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 8---Possession---Proof---If a witness has not seen and visited disputed property for last 7-8 years back, then his statement to the extent of possession carries no legal weight. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Declaration of title and recovery of possession---Judgments at variance---Findings of Lower Appellate Court---Scope---Plaintiffs claimed that suit property was ancestral property and sought declaration and recovery of possession---Trial Court decreed the suit in favour of plaintiffs but Lower Appellate Court allowed the appeal and dismissed the suit---Validity---Infringement of vested right or legal character was presupposed by S.42 of Specific Relief Act, 1877---Claim of plaintiffs was that property in dispute was ancestral property but none of the plaintiffs' witnesses termed property in dispute to be ancestral property of plaintiffs---So even if all the plaintiffs might have been in possession of property in dispute even then mere possession itself did not create a vested right nor could clothe someone with legal character to maintain suit for declaration---Relief within the ambit of Specific Relief Act, 1877 required some ingredients enabling someone for a decree in his favour which were lacking and missing---Conclusions drawn by Lower Appellate Court required to be given due weight, if the same did not suffer from any inherent defect, irregularity or perversity---Failure of defendants to prove their possession did not entitle plaintiffs for a decree in their favour because plaintiffs had to prove their case at the strength of their own evidence and they could not take benefit of weaknesses of defendants---High Court declined to interfere in the and decree passed by Lower Appellate Court---Revision was dismissed in circumstances. PLD 1985 Quetta 69 and 2005 CLC 1821 distinguished. 1999 CLC 252 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1(2)---Filing of fresh suit on same cause of action---Limitation---After withdrawal of first suit, limitation is to be reckoned from the date of filing of earlier proceedings, as once limitation starts on same cause of action,…

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