Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 39, & 9---Suit for declaration, cancellation of agreement and possession---Trial Court decreed the suit and appeal filed by the defendants against and decree passed by the Trial Court had been dismissed by the Appellate Court---Validity---Documentary evidence produced by the plaintiffs, which was an agreement showed that predecessor-in-interest of the defendants was enjoying the possession of house in dispute as licensee---Evidence on record had also proved that house in dispute was purchased by grandfather of the plaintiffs in . the year 1939; and that two rooms were given to predecessor-in-interest of the defendants on rent---Objection of defendants with regard to limitation was also baseless---Findings on question of fact and law recorded by the court of competent jurisdiction could not be interfered with in revisional jurisdiction, unless those findings suffered from jurisdictional defect, illegality or material irregularities--- Petition was dismissed by High Court. JUDGMENT GHULAM MUSTAFA MENGAL, J.---This Civil Revision Petition under section 115, C.P.C. is directed against the Judgment and decree dated 31-05-2001 passed by learned Civil Judge-V, Quetta and Judgment and Decree dated 30-4-2002 passed by learned Additional District Judge-II, Quetta, whereby suit as well as appeal filed by petitioner were dismissed. The precise facts of the case are that the respondents filed a suit for declaration, cancellation of agreement dated 31-7-1982 attested on 1-8-1982 and possession of house bearing No.8-27/34, situated in Baluchi Street, Quetta against the predecessor-in-interest of the petitioners namely late Rahim Bakhsh Barfi in the Court of Civil Judge, Quetta. In. the suit following reliefs were claimed. "(a) Declaring that since the defendant No.1 have violated the terms of the agreement dated 31-7-1982 attested on 1-8-1982 on the basis which he had been allowed to reside in the disputed house, therefore same is liable to be cancelled and possession is liable to be restored to the plaintiffs. (b) That a decree for possession of house bearing No,8-20/34 situated in Balochi Street, Quetta entering into Khasra…

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