2004 YLR 879 LAHORE-HIGH-COURT-LAHORE

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Mst. AMTUL KARIM VS ROSHAN DIN 1983 SCMR 1064, PLD 1988 SC 221, Specific Relief Act 1877--54 , Specific Relief Act 1877--8 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 8, 42 & 54---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(8)---Civil Procedure Code (V of 1908), O. VIII, R.3---Declaration of title and recovery of possession---Incorrect description of property---Judgment passed by Rent Controller attaining finality--Effect---Plaintiffs claimed to be owners of the suit property and sought recovery of possession on the ground that Khasra number mentioned in the sale-deed in favour of the defendants was different and did not pertain to that of the property in possession of the defendants---Defendants raised the plea that the question of ownership had already been decided in their favour by Appellate Court in appeal against eviction order passed by Rent Controller and the judgment passed. by the Appellate Court had attained finality---Suit was dismissed by the Trial Court but Appellate Court reversed the findings and decreed the suit in favour of the plaintiffs---Validity---Property, subjectmatter of the sale, was otherwise identifiable and the defendants had continued to be in its possession---Mere mis-description of Khasra number could not be taken as circumstance or a determining factor to nullify the sale---Findings of Appellate Court in appeal against eviction order and findings of Trial Court in the present suit were legally valid---High Court declined to affirm or uphold the view that prevailed with the Appellate Court in accepting the appeal of plaintiffs--Judgment and decree passed by the Appellate Court suffered from material illegality and the same was set aside and that of the Trial Court was restored accordingly.