| Case ID |
008fdd01-f18f-4eea-a163-54abd3824137 |
| Body |
View case body. Login to View |
| Case Number |
C. R. No. 1292-D of 2010 |
| Decision Date |
Jun 18, 2019 |
| Hearing Date |
Jun 18, 2019 |
| Decision |
The court dismissed the revision petition filed by the petitioner, who sought a declaration of ownership and possession of a specific property. The suit was dismissed on the grounds that the plaint did not specify the suit land, and no site plan was provided. The evidence presented did not clearly identify any encroachment by the defendants, nor did the plaintiff successfully prove ownership of the property in question. As a result, the decisions of the lower courts were upheld, leading to the dismissal of the civil revision on the basis of lack of merit. |
| Summary |
In this landmark case adjudicated by the Lahore High Court, the petitioner, Malik Muhammad Nawaz Khan, challenged the dismissal of his suit for declaration and possession under the Specific Relief Act, 1877. The core issue revolved around the plaintiff's claim to ownership of Khasra No.459, a piece of land situated in Mouza Jassian, Tehsil and District Attock. The petitioner's argument was rooted in his assertion of ownership based on Jamabandi records for the year 2002-03. However, the court noted critical deficiencies in the plaint, particularly the absence of a clear specification of the suit property and the lack of a site plan. This case highlights the importance of precise legal documentation and the necessity for clear evidence in property disputes. The ruling reinforces the legal principle that ownership must be demonstrably clear for a decree to be granted. The court's decision underscores the rigorous requirements of property law and the implications of insufficient or ambiguous claims. This case serves as a significant reference point for legal practitioners dealing with property disputes, emphasizing the necessity of comprehensive documentation and clarity in claims of ownership. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN,
MUHAMMAD MAQBOOLUR-REHMAN
|
| Lawyers |
Malik Muhammad Nawaz Khan,
Shamas Tabraiz, Assistant Advocate General, Punjab
|
| Petitioners |
Malik Muhammad Nawaz Khan
|
| Respondents |
6 OTHERS,
PROVINCE OF PUNJAB THROUGH COLLECTOR/DISTRICT OFFICER/REVENUE
|
| Citations |
2019 SLD 3050,
2019 YLR 2538
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
8,
42
|