Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: S.91,115,O.VII,XX,R.3,9

(a) Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Suit for declaration and perpetual injunction---Maintainability---Question of--Scope---Plaintiffs filed suit for declaration, possession and perpetual injunction in respect of the disputed property to the effect that plaintiffs being owners of 50 per cent share in the disputed property were in possession of the same and the defendants have encroached upon some portion of their land and some portion of the land of National Highway Department lying between the plaintiffs' claimed land and National Highway---Defendants contested suit on the ground that declaration claimed by plaintiffs was not permissible under S.42 of the Specific Relief Act, 1877 and no injunction could be granted in terms of S.54 of the said Act---Trial Court decreed the suit of the plaintiffs---Appeal filed by defendants was dismissed by Appellate Court---Validity---In prayer clause nowhere any right on the National Highway had been claimed---All that plaintiffs had claimed was ownership of the piece of land---Plaintiffs could claim declaration and then consequent relief of possession and perpetual injunction---High Court declined to interfere in revisional jurisdiction---Petition was dismissed by High Court. Muhammad Afsar v. Muhammad Zaman and 4 others 2005 YLR 484; Zohr Ali v. Yusuf and 7 others 1986 CLC 1301; Government of N.-W.F.P. and another v Gul Muhammad Khan and 5 others 1996 SCMR 1858; Khalique Ahmed v. Abdul Ghani and another PLD 1973 SC 214; Mehr and 4 others v. Mst. Sahib Jan alias Shah Begum and 10 others PLD 1973 Lah. 455; Rashid Ahmed v. Mst. Jiwan and 5 others 1997 Lahore 171; Ghulam Muhammad and others v. Murad Bakhsh and another PLD 1969 Lah. 95; Muhammad Suleman v. Wilayatullah Khan and 2 others 1990 CLC 110 and Lal Khan v. Faiz Ahmed and another 1986 SCMR 1962 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Re visional jurisdiction---Interference--- Scope--- Scope of interference in revisional jurisdiction is quite limited---Revisional court can only interfere if the court below has exercised a jurisdiction not vested in it by law or has failed to exercise jurisdiction so vested or has acted in exercise…

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