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Bare reading of Section 9 of the Specific Relief Act dictate that in order to succeed in a suit filed under Section 9 of Act ibid the plaintiff must prove the four basic ingredients which are as under:-

  (i) He was in possession of the immovable property in suit;

(ii) that he had been dispossessed by the defendants;
(iii) that the dispossession was not in accordance with the law; and,
(iv) that the dispossession took place within six months of the filing of the suit.
While, deciding suit under section 9 of the Specific Relief Act, 1877, the above mentioned prerequisites must be followed in letter and spirit. The plaintiff was bound to prove that he was in possession of the suit property and had been dispossessed by the defendant other than in due course of law.

Writ Petition No.2939 of 2016.
Muhammad Ashraf Iqbal, etc. Versus Abid Hussain, etc.











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