| Case ID |
2dd60f27-c8df-49a1-8431-c95a95cb88ef |
| Body |
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| Case Number |
C.R. No. 67657 of 2017 |
| Decision Date |
Oct 09, 2019 |
| Hearing Date |
Oct 09, 2019 |
| Decision |
The appellate court accepted the appeal filed by the respondent/plaintiff, who claimed ownership and right of passage over Shamlat Deh land that the petitioners/defendants had blocked. The appellate court found that the evidence provided by the local commission supported the respondent's claim of entitlement to use the passage, which had been utilized for over 30 years. The judgment of the trial court was dismissed, and the appellate court's decision was upheld, emphasizing the importance of the evidence presented and the legal rights of the parties involved. The revision petition was ultimately dismissed, reaffirming the appellate court's findings. |
| Summary |
This case revolves around a dispute regarding the right of passage over Shamlat Deh land. The respondent/plaintiff filed a suit for declaration and injunction against the petitioners/defendants, asserting that they unlawfully blocked access to a passage they had used for many years. The trial court initially dismissed the suit, but the appellate court found substantial evidence supporting the plaintiff's claim, resulting in a decision that reinstated his entitlement to use the passage. The case highlights key legal principles of property rights and the significance of evidence in civil disputes. Legal professionals involved included advocates who specialized in civil procedure and property law. The decision underscores the appellate court's role in reviewing trial court findings and the legal standards applied in such cases. Keywords: property rights, civil procedure, appellate court, legal evidence, passage entitlement. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MASUD ABID NAQVI, J.
|
| Lawyers |
Malik Muhammad Azam Awan, Advocate for Petitioners.,
Mr. M. Mushtaq Ahmed Dhoon and Mrs. Naila Mushtaq Dhoon, Advocates for Respondent.
|
| Petitioners |
GHULAM MUSTAFA ETC.
|
| Respondents |
MUHAMMAD NAZIR
|
| Citations |
2021 SLD 272,
2021 PLJ 142
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief (Punjab Amendment) (Repeal) Ordinance, 1983
|
| Sections |
115,
42,
54
|