| Case ID |
2e80bcfc-613d-46a7-9ae2-a1595129e0f4 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.187 of 2008 |
| Decision Date |
Jan 11, 2010 |
| Hearing Date |
Dec 21, 2009 |
| Decision |
The revision petition filed by the defendant was dismissed as it lacked sufficient grounds and evidence to overturn the decisions of the lower courts. The courts below had correctly upheld the plaintiffs' ownership and the validity of the suit for possession and recovery of outstanding rent. The defendant's denial of the landlord-tenant relationship was found to be without convincing evidence, and thus, the original decrees were maintained. |
| Summary |
In the landmark case of Civil Revision No.187 of 2008 heard by the Peshawar High Court, the petitioner FAZAL JAMAL sought revision against the judgments of the lower courts regarding the possession and recovery of outstanding rent from the defendant Haji MUHAMMAD SARWAR. The case revolved around the landlord-tenant relationship under the Specific Relief Act (I of 1877), specifically Section 8, which deals with suits for possession. The plaintiffs, asserting ownership through inheritance and private partitions, filed the suit to reclaim possession of the property situated in Khasra No.39, Kach Sumbal Banda, Tehsil and District Hangu. The defendant contested the claim, asserting ownership through long possession and denying any landlord-tenant relationship. Despite the defendant's assertions and lack of concrete evidence to undermine the plaintiffs' claims, both the Trial Court and the Appellate Court upheld the plaintiffs' position. The High Court, led by Judge Liaqat Ali Shah, found the revision petition devoid of merit, citing the absence of convincing evidence to support the defendant's claims and the proper maintenance of the suit within the legal framework. The decision reaffirms the judiciary's stance on upholding rightful ownership and the enforceability of possession suits under established legal provisions. This case underscores the importance of clear evidence in disputes over property ownership and tenancy, serving as a precedent for similar future litigations in the realm of property law and landlord-tenant relationships. |
| Court |
Peshawar High Court
|
| Entities Involved |
FAZAL JAMAL,
Haji MUHAMMAD SARWAR,
LIAQAT ALI SHAH, J,
Shakeel Azam Awan,
Muhammad Taif Khan
|
| Judges |
LIAQAT ALI SHAH, J
|
| Lawyers |
Shakeel Azam Awan,
Muhammad Taif Khan
|
| Petitioners |
FAZAL JAMAL
|
| Respondents |
others,
Haji MUHAMMAD SARWAR
|
| Citations |
2010 SLD 422,
2010 CLC 457
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
S. 8
|