| Case ID |
43bb1f10-298d-4805-80a7-babae6dcb5e5 |
| Body |
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| Case Number |
Civil Revision Application No. S-142 of 2010 |
| Decision Date |
Sep 14, 2018 |
| Hearing Date |
Sep 05, 2018 |
| Decision |
The Sindh High Court allowed the Civil Revision Application filed by the petitioner, decreeing the suit to the extent that the plaintiff was illegally dispossessed from the suit premises by the defendant. The court directed the defendant to restore possession of the suit property to the plaintiff within 30 days. The court emphasized that mere dispossession without the consent of the aggrieved party was sufficient to maintain the suit under Section 9 of the Specific Relief Act, 1877, and highlighted that the courts below had failed to appreciate the evidence regarding the plaintiff’s possession of the property. |
| Summary |
This case revolves around a dispute regarding the possession of immovable property. The petitioner, Mohammad Nawaz Soomro, filed a Civil Revision Application against the dismissal of his suit for restoration of possession. The Sindh High Court ruled in favor of the petitioner, allowing the revision due to the failure of lower courts to recognize the illegal dispossession of the plaintiff. The ruling reinforced the principles established under the Specific Relief Act, particularly Section 9, highlighting that even without formal title documents, a person dispossessed of property can seek restoration based on possession alone. The decision emphasized that the defendant failed to prove lawful possession, as required by law. This case serves as a significant reference for similar disputes involving possession and dispossession of property, showcasing the importance of recognizing rights of possession even in the absence of formal ownership documents. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR
|
| Lawyers |
Mohammad Nawaz Soomro,
Syed Jaffar Ali Shah
|
| Petitioners |
Mohammad Nawaz Soomro
|
| Respondents |
Imdad Hussain
|
| Citations |
2019 SLD 523,
2019 YLR 498
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Transfer of Property Act, 1882
|
| Sections |
9,
54,
53-A
|