Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 9, 42 & S4---Suit for declaration, possession and permanent injunction-Suit by the plaintiff had concurrently been decreed---Defendants alleged that material facts present on record and evidence produced by the parties were not considered, but the defendants could not point out the facts and material which allegedly were not considered---Even during course of arguments counsel for the defendants had failed to specify such instances-Trial Court before recording evidence had framed issues separately and gave findings on the same--Legal objections raised by the defendants, pertaining to valuation of suit, non-existence of cause of action and misjoinder of parties, were decided in the negative---Defendants raised objection in respect of valuation of the suit as assessed by the plaintiff, but no specific evidence in that regard had been brought on record by the defendants---Valuation of suit for court fee and jurisdiction as assessed in the plaint by the plaintiff was to be relied upon, until proved contrary--Plaintiff, in circumstances, was the owner of property in question and he having been deprived of his possession by the defendants, Trial Court had rightly decided that issues in favour of the plaintiff---Defendants could not prove their assertion that plaintiff had sold suit property to one of the defendants---Suit had rightly been decreed in favour of the plaintiff and defendants having failed to make out any case for revision of impugned s, concurrent s were upheld. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The petitioners through instant petition seek setting aside of judgment and decree made on 23-8-2006 by Civil Judge-II, Quetta, whereby the suit filed by respondent No.1 has been decreed in his favour and also order made by Additional District Judge-III, Quetta on 7-8-2007, whereby the appeal filed by them was rejected. It is their contention that both the trial and appellate courts failed to appreciate to the evidence produced before them, even the evidence of the witness attesting the sale agreement. The material facts were not considered, rather ignored by the courts below. Further, the principle that mere…

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