Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Civil Procedure Code (V of 1908), Ss.75, & O.XXVI, R.12--­Recovery of possession of immovable property---Demarcation---Local Commissioner---Delegation of judicial functions---Report of Local Commissioner---Value---Disputed property was evacuee property and the plaintiff claimed possession of the same as being its lawful owner on the basis of purchase from the allottee while the defendants claimed to be owners on the basis of registered sale-deed executed in favour of their predecessor-in-interest---Dispute was with regard to demarcation of the property as the one purchased by the plaintiff was an evacuee property and the same was duly demarcated by the Settlement Authorities while one owned by the defendants was not an evacuee property- --Trial Court appointed Local Commissioner for demarcation of the property but not accepting his report dismissed the suit of plaintiff for the reason that the property owned by defendants was different from the one claimed by the plaintiff---Appellate Court relying on the report of Local Commissioner accepted the appeal and and decree passed by the Trial Court were set aside---Validity---Settlement Authorities had jurisdiction to demarcate the property before the promulgation of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Since the matter was a past and closed, the plaintiff filed the suit---Appellate Court itself had not examined the documents and relied on the report of Local Commissioner---Local Commissioner could be appointed and had power to visit the site and made the measurement but the Court could not delegate its power to decide the question of title--- Appellate Court ipso facto relied on the report of Local Commissioner which was not warranted under law---Report of Local Commissioner was a piece of evidence---Defendants being owners of the area claimed by the plaintiff, and decree passed by the Appellate Court was set aside while that of the Trial Court was restored in circumstances. Rehmat Ullah's case 1983 SCMR 1064; 2002 SCMR 338; PLD 1976 Lah. 109; PLD 1978 Lah. 31; Muhammad Bashir v. Mst. Nasiran and another 1987 SCMR 999 and Muhammad Rashid…

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