2/2017 R.A (Civil Revision) Muhammad Saleh & Others (Applicant) V/S Muhammad Qasim & Others (Respondent)

2/2017 R.A (Civil Revision) Muhammad Saleh & Others (Applicant) V/S Muhammad Qasim & Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 08-DEC-17

"Specific Relief Act (I of 1877)--- ----S.9---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for possession of immovable property---Application for rejection of plaint---Scope---Plaint was rejected on the grounds that plaintiffs had no legal right, character and title over the suit land and they were not in possession on the suit property---Validity---Relief in a suit filed under S.9 of Specific Relief Act, 1877 was not dependent upon the title of suit property---Said suit was to be decided only on the ground as to whether plaintiffs were dispossessed from the immovable property without their consent and without due process of law---Plaintiffs in such suit could recover possession notwithstanding any other title that might be set up in that suit---Dispute of possession was a bundle of facts which could not summarily be decided while considering an application under O. VII, R. 11, C.P.C.---Impugned orders passed by the Courts below were set aside---Matter was remanded to the Trial Court to frame issues including maintainability of suit and decide the controversy at the earliest within four months---Revision was disposed of in circumstances." Advocates: Rahim Ullah(ADVO-11361-SBC-KHI),Abdul Hafeez Memon(ADVO-11884-SBC-KHI),Mirza Sarfraz Ahmed(ADVO-4467-SBC-KHI)