| Case ID |
1f37ad28-72c5-4984-9aac-97a536e6b21a |
| Body |
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| Case Number |
Civil Revision No. 674 of 1978 |
| Decision Date |
Jun 29, 1991 |
| Hearing Date |
Jun 13, 1978 |
| Decision |
The High Court allowed the revision petition, set aside the impugned decisions rendered in the lower Courts, and directed trial on merits by the trial Court after allowing reasonable opportunity of defence to both Hameedullah Khan Zia and Piao Khan. The Court held that without allowing an opportunity of defence to Piao Khan, who claimed to be in possession of the property in dispute, no decree declaring the plaintiff to be owner-in-possession could have been passed. The Court found the actions of the lower appellate Court to be contrary to principles of justice and procedural law, rendering the previous judgment illegal. |
| Summary |
In the case of Civil Revision No. 674 of 1978, the Lahore High Court addressed issues of adverse possession and procedural fairness under the Limitation Act of 1908. The plaintiff, Usman, sought to establish ownership of a property he claimed to have possessed adversely for 25 years against Hameed Ullah Khan Zia. The trial Court's rejection of the plaint was appealed, and the appellate court's decree was challenged in the High Court. The High Court emphasized the necessity of providing an opportunity for defence to all parties involved, particularly Piao Khan, who was not given a chance to present his case despite being a significant party to the dispute. This case highlights the importance of due process and the adherence to legal standards in civil proceedings, ensuring that all parties have the opportunity to defend their rights. The decision reaffirms the principles of justice and fair play, crucial in legal proceedings, particularly concerning property disputes and claims of adverse possession. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL ZARIN KIANI, J
|
| Lawyers |
Rab Nawaz Khan Niazi,
Nemo
|
| Petitioners |
Usman
|
| Respondents |
Hameed Ullah Khan Zia,
Piao Khan
|
| Citations |
1992 SLD 920,
1992 CLC 1518
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
Arts. 44 & S. 28,
Art. 144 & S. 28
|