| Case ID |
098adef3-c789-4940-9f3a-eb5690f47a3a |
| Body |
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| Case Number |
Civil Revision No. 1808 of 1991 |
| Decision Date |
Sep 21, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the judgment and decree passed by the Appellate Court, restoring the trial court's decision. The appellate court had erred in its assessment, failing to recognize that the evidence was recorded in the presence of the judge and counsel. The trial court's findings were deemed valid, confirming the rights of the petitioners as co-owners of the disputed land. The court emphasized that procedural irregularities did not warrant a remand, as the necessary legal standards had been met during the evidence recording process. |
| Summary |
This case revolves around a civil dispute regarding the proprietary rights of land previously allocated to Hussain Bakhsh, a refugee settler. Following his death, a conflict arose between his children and his eldest son, Muhammad Ali, who attempted to claim sole ownership through fraudulent means. The petitioners sought legal remedy to establish their rights as co-owners and to annul the illegal transfer of property rights. The trial court initially ruled in favor of the petitioners, but the decision was contested by the respondent. The appellate court's ruling was subsequently challenged, leading to a thorough examination of procedural compliance under the Civil Procedure Code. Ultimately, the Lahore High Court reinforced the trial court's findings, highlighting the importance of adhering to legal protocols during evidence recording, which contributed to the legitimacy of the original ruling. This case underscores the critical role of legal representation and procedural integrity in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. KHURSHID AHMAD, J
|
| Lawyers |
Chaudhary Muhammad Yaqub Sidhu,
Nisar Arshad Kotla
|
| Petitioners |
HUSSAIN BAKHSH
|
| Respondents |
MUHAMMAD ALI
|
| Citations |
1995 SLD 1119,
1995 CLC 1257
|
| Other Citations |
Nand Lal and another v. Pooran etc. AIR 1956 Raj. 9,
Pulukuri Kottaya v. Emperor AIR 1947 PC 67
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
OXVIII, Rr. 5 & 8,
S. 115
|