| Case ID |
0bb171f5-e7e0-441d-a5fc-262d40707284 |
| Body |
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| Case Number |
Revision Applications Nos. 157 and 158 of 1996 |
| Decision Date |
Apr 19, 2002 |
| Hearing Date |
Feb 18, 2002 |
| Decision |
The Sindh High Court set aside the judgment and decree of the First Appellate Court and restored the decision of the Trial Court. The court found that the Appellate Court had ignored overwhelming evidence indicating that the applicant, Dawood Shah, had established possessory title over the disputed plots. The High Court concluded that the findings of the Appellate Court were perverse and shocking to judicial conscience. The evidence presented by the applicant was sufficient to demonstrate his rightful possession and ownership, which had been wrongfully disregarded by the Appellate Court. The High Court's intervention was deemed necessary to rectify this miscarriage of justice. |
| Summary |
This case revolves around the revision applications filed by Dawood Shah against the decisions of the First Appellate Court, which had overturned the Trial Court's ruling in favor of Shah regarding his possessory title over two plots in Orangi Township, Karachi. The applicant asserted that he had been in continuous possession of the plots and had constructed boundary walls and rooms on them. However, the respondents, Sher Muhammad and Faqir Muhammad, claimed that they were allocated the plots by the Karachi Municipal Corporation (KMC) and had constructed on them. The Trial Court ruled in favor of Shah, acknowledging his rightful ownership based on evidence from the Excise and Taxation Department. The Appellate Court, however, dismissed Shah's claims citing lack of title, leading to the present revision applications. The High Court found the Appellate Court's findings to be legally unsustainable and restored the Trial Court's decision, emphasizing the importance of evidence in property disputes and the necessity for courts to ensure justice is served. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
|
| Lawyers |
K. B. Bhutto,
S. M. Afzal,
Hidayatullah Ghulam Ali
|
| Petitioners |
DAWOOD SHAH
|
| Respondents |
FAQIR MUHAMMAD,
Sher Muhammad
|
| Citations |
2002 SLD 1982,
2002 CLC 1495
|
| Other Citations |
Abdul Qadir v. Haji Ghulam Qadir 1996 CLC 1216,
Muhammad v. Mst. Banuk Naz Khatoon 1989 CLC 1819,
Abdul Jabbar v. Muhammad Latif 1986 CLC 603
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
115,
8,
9
|