| Case ID |
0a8be12c-ab1e-43c4-b46b-e19c08cb90d7 |
| Body |
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| Case Number |
Civil Revision No. 39 of 2014 |
| Decision Date |
Sep 21, 2020 |
| Hearing Date |
|
| Decision |
The court dismissed the civil revision petition, upholding the judgments and decrees of the lower courts. The plaintiffs had proven their case for declaration and recovery of possession over the disputed land based on a valid allotment order issued by the relevant authorities. The defendants failed to provide sufficient evidence to counter the claims made by the plaintiffs, and the appellate court confirmed the trial court's decision after proper appreciation of the evidence presented. The ruling emphasized that the revisional jurisdiction is limited to correcting jurisdictional errors, and since no such errors were found, the concurrent findings of the lower courts were upheld. |
| Summary |
This case revolves around a civil revision petition regarding a dispute over land possession based on an allotment order. The plaintiffs, representing AHLIANE SUNDUS, claimed ownership of the land, asserting that it was allotted to them through proper channels under the direction of the Minister of Kashmir and Northern Areas. The defendants contested this claim, stating they were in possession of the land for an extended period. However, the court found that the plaintiffs had produced credible evidence supporting their claim, including a cancellation of the allotment order that was subsequently overturned by the Wafaqi Muhtasib. The ruling highlights the importance of legal documentation and the role of administrative decisions in land disputes. The decision reinforces the principles of the Specific Relief Act and the Civil Procedure Code, particularly regarding the burden of proof and the standards for appellate review. This case serves as a significant reference for similar land possession disputes, contributing to the evolving jurisprudence in property rights and administrative law. |
| Court |
Supreme Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK HAQ NAWAZ, CHIEF JUSTICE
|
| Lawyers |
Muhammad Ali Marghoob,
Muhammad Zahid Abbas,
Muhammad Nazir,
Additional Advocate General
|
| Petitioners |
AHLIANE SUNDUS THROUGH REPRESENTATIVE AND 5 OTHERS
|
| Respondents |
KHAWAJA AMIR JAN THROUGH LEGAL HEIRS AND 5 OTHERS
|
| Citations |
2021 SLD 1732,
2021 YLR 1985
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
8,
115
|