Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: O.XLVIII,R.27

Specific Relief Act (I of 1877)--- ----S. 8---Recovery of possession---Encroachment---Effect---Plaintiffs filed suit for recovery of possession claiming to be the owner of the disputed property---Plaint stated that defendants being illegal occupants had received a sum of Rs.3200 in this regard but failed to vacate possession of the disputed property--Defendants contested suit on the ground that they were in possession of the disputed property since 1950-55 and had also raised construction on the same about 15/18 years back---Defendants further stated that plaintiffs had purchased keekar trees, the amount of which had been paid to them, there was no question of return of claimed amount or vacation of the possession---Trial Court dismissed suit of the plaintiff---Appellate Court on appeal allowed the same and remanded case to Trial Court to decide after obtaining fresh report of a local Commission---Trial Court, instead of considering report of local Commission appointed by it, repeated its earlier findings---Appellate Court on appeal accepted the same---Validity---Sufficient material was available on record establishing title and ownership of the plaintiffs over the disputed property---Record revealed that defendants had encroached on the disputed land---Trial Court had neither applied its mind nor had given its findings on the material aspects of the case---Construction was undertaken by defendants on their own risk and cost---Encroacher when undertakes construction on a piece of land, which does not belong to him, does not create a right or title in the land underneath---High Court declined to interfere in revisional jurisdiction. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.--- This petition arises out of the judgment and decree of the learned Addl. District Judge, Shakargarh dated 6-5-2009 through which the appeal filed by the respondents was accepted, the judgment and decree .of the learned trial Court was set aside and the suit of the respondents was decreed while dismissing their claim for return of Rs.3,200. 2. The respondents filed a suit for possession regarding property measuring 18 Marlas in Khasra No.1573, situated at Village Morli, claiming to be its…

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