Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---Constitution of Pakistan (1973) ,Art. 185(3)---Suit for recovery of possession of immovable property---Concurrent findings. of fact by the Courts below---Suit property had been originally purchased by the father of plaintiff on whose death the plaintiff and his brother inherited the rights of the deceased---Suit for possession through pre-emption filed against the father of the plaintiff in respect of the suit property had also been dismissed by the Civil Court---Revenue Record produced in evidence showed that originally the father of the plaintiff and then the plaintiff was in lawful possession of the suit property regardless of its nature---Suit was decreed by the Trial Court in favour of the plaintiff and appeal before Appellate Court against the and decree passed by the Trial Court was dismissed---High Court in exercise of revisional jurisdiction affirmed the s and decrees 'of .both the Courts below---Validity---Judgment and decree passed by High Court did not call for any interference---Suit of the plaintiff against defendant for possession of the suit property by removal of superstructure constructed thereon unauthorizedly was rightly decreed---No substantial question of law of public importance. was involved in the case---Leave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks the grant of leave to appeal from judgment, dated 5-3-2002 passed by the Lahore High Court in Civil Revision No. 1262 of 1999. 2. The respondent filed a suit against the petitioner for possession through removal of superstructure of the suit-land measuring 1 Marla in that he was owner of the land of which the petitioner had unauthorisedly taken the possession and raised construction thereon. The civil suit of the respondent was decreed by the Civil Court by its judgment and decree, dated 28-3-1990. The appeal of the petitioner was accepted and the civil suit was dismissed by order, dated 12-12-1994 of the Additional District Judge, Mandi Bahauddin. However, Civil Revision No.419-D of 1995 filed by the respondent was allowed by the Lahore High Court on 3-3-1999 and the appeal was remanded to be decided…

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