2005 YLR 1738 LAHORE-HIGH-COURT-LAHORE

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ABDUL KARIM VS MUHAMMAD ISMAIL Code of Civil Procedure 1908--115 , Maintainability--TERM , Specific Relief Act 1877--42 , ----S.42, proviso---Civil Procedure Code (V of 1908), S.115---Suit for declaration of title---Maintainability---Relief of possession, non-seeking of--Effect---Concurrent findings of fact by the Courts below---Plaintiff sought declaration of title regarding suit-land but did not seek recovery of possession---During trial it was proved that the land was purchased by defendant from the money given by plaintiff and instead of getting the land transferred in the name of plaintiff, defendant had transferred same in his own name---Suit was decreed by Trial Court and judgment and decree passed in favour of plaintiff was maintained by Appellate Court---Plea raised by defendant was that the plaintiff sought only relief of declaration which was violation of proviso to S.42 of Specific Relief Act, 1877---Validity---Objection of defendant regarding non-seeking of relief of possession was of technical nature, which had no effect on the merits of case--¬Plaintiff; by asking relief that he might be declared to be holding possession for and on his behalf had actually claimed to be in constructive possession of suit-land---As a consequence of decree passed in favour of plaintiff, defendant had automatically became his tenant---Plaintiff could competently seek eviction of defendant from suit-land through Revenue Authorities--¬Relief prayed for by plaintiff was adequate and did hot involve disregard or violation of provisio to S.42 of Specific Relief Act, 1877---High Court declined to interfere with the concurrent judgments -and decrees passed by two Courts below--¬Revision was dismissed in circumstances.