GHULAM DASTAGIR vs ALLAH BAKSH Ss — 2023 YLR 2637 QUETTA-HIGH-COURT-BALOCHISTAN

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GHULAM DASTAGIR VS ALLAH BAKSH Ss. 9 & 54---Civil Procedure Code (V of 1908), S.115---Suit for recovery of possession and injunction---Summary proceedings, applicability of---Pre-conditions---Concurrent findings of facts by two Courts below---Suit and appeal filed by petitioners/plaintiffs were dismissed by Trial Court and Lower Appellate Court respectively---Validity---Suit under S. 9 of Specific Relief Act, 1877, was exception to other suits seeking relief of possession---Specific privilege was given under S. 9 of Specific Relief Act, 1877, to person in possession to take action promptly in case he was dispossessed---Such suit entitled plaintiff to succeed simply by establishing and proving following facts: (i) plaintiff was in possession; (ii) plaintiff had been dispossessed by defendant; (iii) dispossession was illegal and without adopting due course of law; (iv) dispossession took place within six months of filing the suit; and (v) question of title either of plaintiff or of defendant could not be raised or adjudicated upon such case, under S. 9 of Specific Relief Act, 1877---Though revisional jurisdiction of High Court is sparingly used and normally concurrent findings of the fora below are not disturbed but in case complete misreading and non-reading of evidence by Trial Court and Lower Appellate Court is observed and the findings recorded by Trial Court and Lower Appellate Court are found to be inconsistent with evidences produced by the parties or where legal propositions are not correctly interpreted, then revisional jurisdiction of High Court has to be exercised in order to secure ends of justice---High Court set aside judgments and decrees passed by two Courts below and decreed the suit filed by petitioners/plaintiffs---Revision was allowed, in circumstances.

GHULAM DASTAGIR vs ALLAH BAKSH Ss — 2023 YLR 2637 QUETTA-HIGH-COURT-BALOCHISTAN

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