| Case ID |
43ac6901-2803-412d-aba2-ce6e17325f5f |
| Body |
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| Case Number |
Civil Appeal No.62 of 2018 |
| Decision Date |
Apr 07, 2023 |
| Hearing Date |
|
| Decision |
The High Court set aside the judgment and decree passed by the Appellate Court and restored the judgment passed by the Civil Court, thereby decreeing the suit filed by the plaintiff/appellant. The Appellate Court had erred in evaluating the evidence presented by the plaintiffs. The relevant documents demonstrated that the plaintiffs were the actual possessors of the disputed land. The decision reinstated the earlier ruling of the Civil Court, affirming the plaintiffs' claims regarding the land in question. |
| Summary |
This case revolves around a civil appeal concerning a suit for a permanent injunction under the Specific Relief Act, 1877. The appellants, JAMROZ KHAN and another, claimed ownership and possession of a specific piece of land measuring 07 Marlas located in survey No.1287. They faced opposition from the respondents, SHUJAT KHAN and others, who sought to forcibly occupy the land. The initial ruling by the Civil Court favored the plaintiffs, but the Appellate Court dismissed the suit, citing a lack of proper description of the property. The High Court found that the plaintiffs had adequately proven their ownership and possession through relevant documents, including Jamabandi and Girdawri registers, which clearly indicated their rights over the land. The High Court's decision to restore the Civil Court's judgment highlights the importance of proper evidence in property disputes and reaffirms the principle that ambiguity in pleadings should not automatically dismiss a suit when the evidence supports the plaintiffs' claims. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Mian Arif Hussain, J
|
| Lawyers |
Rafiullah Sultani,
Raja Javed Akhter
|
| Petitioners |
another,
JAMROZ KHAN
|
| Respondents |
others,
SHUJAT KHAN
|
| Citations |
2024 SLD 2866,
2024 CLC 381
|
| Other Citations |
2009 SCR 237,
PLJ 2005 SC AJK 26
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
54
|