Law: Specific Relief Act, 1877

Section: 9

Law: Specific Relief Act, 1877

Section: 9

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.7

(a) Specific Relief Act (I of 1877)-------S. 9---Suit for possession---Plaintiffs claimed themselves to be the owners of the suit property and that they were in possession of the same---Plaintiffs had alleged that defendants who were neither owners of the suit property nor ever remained in its possession, had entered into said property without any entitlement; and in spite of repeated demands were not prepared to leave the said land and hand it over to the plaintiffs---Defendants denied claim of the plaintiff stating that suit property was not exclusively owned by the plaintiffs and same was in fact "Shamilat-e-Deh"---Suit filed by the plaintiffs was dismissed and Appellate Court concurred with the Trial Court and maintained and decree of the Trial Court---Validity---While claiming exclusive title over the suit-land plaintiffs had filed a simple suit for possession, which exclusive title of the plaintiffs was challenged by the defendants---Plaintiffs subsequently in their rejoinder instead changed their stand as against one which was taken in the plaint and stated that the defendants were their tenants---Said subsequent stand was without any force as in the plaint it had never been their case that defendants were tenants-at-will over the suit land---Factum of cancellation of earlier mutation of partition and suit property having again gone into common pool, had been admitted by the plaintiffs in their evidence---As to how and when the plaintiffs were dispossessed from the property in dispute and the defendants entered into its possession, was a mystery and alarming as well because it was against all norms of justice to deprive a co-sharer from possession of his lawful share through means other than lawful---Revision petition was dismissed. Samal Gul v. Central Government and others PLD 1986 SC 35 and Mst. Resham Bibi and others v: Lal Din and others 1999 SCMR 2325 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.7-Application of O. VII, R. 7, C.P.C.-Suit was for possession alone in respect of limited area and entire joint property was not subject-matter of the suit---Resort to O. VII, R. 7, C.P.C. could not be made. Samal Gul v. Central Government and…

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