| Case ID |
52b79a1b-28dc-4013-8cbe-6e0accd77149 |
| Body |
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| Case Number |
Civil Appeal No. 94 of 2012 |
| Decision Date |
Jul 06, 2013 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, affirming the decisions of the lower courts regarding the suit for permanent injunction. The court found that the disputed land was Shamlat Deh and the civil court had limited jurisdiction to grant permanent injunction against all shareholders. The plaintiffs' claims were supported by the revenue record, while the defendants failed to provide reliable evidence. The trial court's decree was modified to clarify that it was enforceable only inter-party and not against other shareholders or binding on revenue authorities. |
| Summary |
This case revolves around a civil appeal regarding a permanent injunction under the Specific Relief Act, 1877. The plaintiffs claimed ownership and possession of a portion of land, while the defendants argued it was Shamlat Deh land. The High Court upheld the lower courts' findings that the disputed land was indeed Shamlat Deh and reiterated the limitations of civil courts in such matters. The ruling emphasized the need for partition by revenue authorities before any specific ownership can be asserted. The decision highlights key aspects of property law, jurisdiction, and the importance of reliable evidence in civil disputes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUNIR AHMED CHAUDHARY, JUSTICE
|
| Lawyers |
Hafiz Fazal-ur-Rehman Dar,
Ch. Muhammad Siddique
|
| Petitioners |
MUHAMMAD AZAM AND 2 OTHERS
|
| Respondents |
HUSSAIN AND 2 OTHERS
|
| Citations |
2014 SLD 417 = 2014 MLD 1155
|
| Other Citations |
2009 SCR 158 rel.
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
54
|