| Case ID |
234094a2-55dc-4e73-abf1-1b011b4bd9e8 |
| Body |
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| Case Number |
Civil Revision No. 1595 and Civil Miscellaneous No |
| Decision Date |
Nov 13, 1982 |
| Hearing Date |
|
| Decision |
This revision petition arises out of the judgment dated 24-10-1982 of the learned Additional District Judge, Jhang, whereby the appeal of the petitioner against the judgment and decree dated 1-4-1982, passed by learned Civil Judge, Jhang, was dismissed in a suit for pre-emption. The relevant facts pertain to a dispute over possession through pre-emption of House No. 786-B-VI, Mohallah Sharifan, Jhang City, based on alleged superior right through contiguity. The petitioner-defendant contested the suit, leading to the trial Court framing several issues. After reviewing the evidence, the trial Court decreed in favor of the respondents for Rs. 9,000. The Additional District Judge concurred with the trial Court's findings upon re-appraisal of the evidence and dismissed the appeal. The petitioner contended insufficient evidence regarding the superior right based on contiguity and alleged irregularities in the trial Court's handling of objections to the Local Commissioner's report. However, the court found no merit in these contentions, noting that the appreciation of evidence is within the trial Court's purview and not subject to revisional jurisdiction under Section 115 of the Civil Procedure Code. Additionally, the petitioner failed to provide adequate evidence to support the objections against the Local Commissioner's report, reinforcing the trial Court's decision. References to established case law further supported the court's stance. Consequently, the revision petition was dismissed in limine. |
| Summary |
In the landmark case Civil Revision No. 1595 and Civil Miscellaneous Nos. 5099 and 5100 of 1982, adjudicated by the Lahore High Court on November 13, 1982, the court addressed pivotal issues surrounding pre-emption and land possession under the Civil Procedure Code (V of 1908) and the Evidence Act (I of 1872). The petitioner, Muhammad Shafiq, challenged the judgment of the Civil Judge in Jhang, which had favored Muhammad Ramzan and others in a dispute over House No. 786-B-VI, Mohallah Sharifan, Jhang City. The core of the dispute revolved around allegations of superior right based on contiguity and the validity of the sale-deed recorded at an ostensibly inflated price. The Lahore High Court, under the guidance of Judge Irshad Hassan Khan, meticulously reviewed the evidence presented, including documentary submissions and testimonies, and upheld the trial Court's decision by dismissing the revision petition. Key legal principles emphasized included the non-interference of revisional courts in the appreciation of evidence, a function reserved for trial Courts, as stipulated under Section 115 of the Civil Procedure Code. Additionally, the court addressed objections related to the Local Commissioner's report, affirming that the petitioner failed to provide substantive evidence to support these objections, thereby nullifying claims of procedural irregularities. The case also referenced significant precedents such as Haas Raj-Walaiti Ram v. Nathu Mal and others (A.I.R. 1929 Lab. 782) and Ram Kishore Jaiswal v. B. Kavindra Narain (A.I.R. 1955 All. 59), reinforcing the court's stance on evidence appreciation and procedural fairness. This decision underscores the judiciary's commitment to upholding established legal frameworks in land possession disputes and reinforces the limited scope of revisional jurisdiction, ensuring that trial Courts retain the autonomy to evaluate evidence and make determinations based on factual findings. The dismissal of the petition highlights the importance of substantiating legal objections with concrete evidence and adhering to procedural protocols, thereby maintaining the integrity of judicial proceedings in property and pre-emption cases. This case serves as a crucial reference for future litigations involving land disputes, evidentiary evaluations, and the delineation of judicial responsibilities between trial and revisional courts in the context of the Civil Procedure Code and the Evidence Act. |
| Court |
Lahore High Court
|
| Entities Involved |
Municipal Committee,
Additional District Judge, Jhang,
Civil Judge, Jhang,
Mst. Bibi,
Local Commissioner
|
| Judges |
IRSHAD HASSAN KHAN, J
|
| Lawyers |
Syed Laqa Haider Zaidi
|
| Petitioners |
MUHAMMAD SHAFIQ
|
| Respondents |
OTHERS,
MUHAMMAD RAMZAN
|
| Citations |
1983 SLD 515,
1983 PLD 152
|
| Other Citations |
Haas Raj-Walaiti Ram v. Nathu Mal and others A.I.R. 1929 Lab. 782,
Ram Kishnre Jaiswal v. B. Kavindra Narain A.I.R. 1955 All. 59 ref,
Muhammad Khan v. Muhammad Rafiq A.I.R. 1981
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Evidence Act (I of 1872)
|
| Sections |
115,
O.XXVI,
13,
42
|