| Case ID |
7503e477-f935-43aa-8184-a08ce432c625 |
| Body |
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| Case Number |
R.S.A. No. 3 of 2005 |
| Decision Date |
Feb 25, 2014 |
| Hearing Date |
Feb 25, 2014 |
| Decision |
The Lahore High Court ruled in favor of the defendants-appellants, restoring the decision of the trial court and setting aside the decree passed by the lower appellate court. The court emphasized that the onus of proof lies primarily with the plaintiff and that the suit was time-barred, as the plaintiff had failed to prove the necessary evidence regarding possession claims. The court highlighted the importance of adhering to the statutory limitations for filing suits and the necessity of producing credible evidence during trials. The court ultimately allowed the second appeal, reaffirming the legal principles surrounding possession and the requirements for establishing claims in civil litigation. |
| Summary |
In the case R.S.A. No. 3 of 2005, the Lahore High Court dealt with a dispute over the recovery of possession of a plot of land. The case revolved around the interpretation of various laws including the Qanun-e-Shahadat, Limitation Act, and Specific Relief Act. The court found that the plaintiff had not met the burden of proof required to establish their claim, leading to the conclusion that the suit was time-barred. This case highlights the critical aspects of legal representation, the significance of accurate documentation, and the necessity for plaintiffs to substantiate their claims with adequate evidence. The ruling underscores the legal principle that the responsibility to prove a claim lies with the party making the assertion, particularly in cases involving property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Saeed-uz-Zafar Khawaja,
Ch. Muhammad Naseer,
Ch. Khurshid Ahmad
|
| Petitioners |
others,
Mehr MUHAMMAD HAYAT
|
| Respondents |
others,
TAHIR HANIF
|
| Citations |
2015 SLD 716,
2015 YLR 789
|
| Other Citations |
2006 CLC 1488,
PLD 1999 Lah. 31,
AIR 1927 Calcutta 54
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Limitation Act, 1908,
Specific Relief Act, 1877
|
| Sections |
117,
120,
85,
136,
8
|