JUDGEMENT
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(1.)Leave granted.
This appeal seeks to challenge the judgment dated 3rd April, 2012 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Civil Revision No. 38 of 2012, reversing a decree under Section 6 of the Specific Relief Act, 1963 (for short "the Act") passed by the learned trial Court.
We have heard the Learned counsels for the parties.
(2.)A reading of the order of the learned trial Court would go to show that, on consideration of the evidence of P.Ws. 1, 3 and 5, the learned trial Court came to the finding that on 19/20th June, 2009, the Plaintiff, while she was away, was dispossessed by the Defendants Nos. 1 to 7, who not only took forcible possession of the suit property but also unauthorizedly put a lock thereon. Consequently, the Defendants Nos. 1 to 7 was directed to deliver vacant possession of the suit property to the Plaintiff.
(3.)A Revision Application was filed by the Defendants Nos. 1 to 7 before the High Court. The High Court understood the provisions of Section 6 of the Act to be attracted only if a person is dispossessed of immovable property of which he is the legal owner or is in possession of the said property by virtue of law. On the said basis, the High Court proceeded to re-scrutinize the evidence oblivious of the fact that the it was the revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 that was being invoked.
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