Legal Case Summary

Case Details
Case ID 7503e477-f935-43aa-8184-a08ce432c625
Body View case body.
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