| Case ID |
e9c1a6f0-6356-4bc6-bcfc-98e5cf7e8876 |
| Body |
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| Case Number |
Civil Revision No.2002 of 1991 |
| Decision Date |
Feb 07, 2006 |
| Hearing Date |
Feb 07, 2006 |
| Decision |
The Lahore High Court modified the decrees of the lower courts, dismissing the plaintiffs' suit for the extent of land measuring 2 Marlas that was in the possession of the defendants. The court found that the report prepared by the Tehsildar did not comply with the requirements set out in the High Court Rules, thus rendering it inadmissible as evidence. The plaintiffs were required to prove their claim regarding the disputed property, and as the defendants were found to occupy only a part of the land, the decrees were adjusted accordingly. The remaining claims of the plaintiffs were upheld, maintaining the decrees against the other defendants who did not challenge the original ruling. |
| Summary |
In the case of Civil Revision No.2002 of 1991, the Lahore High Court examined the decrees of the lower courts concerning a suit for possession of disputed property under the Specific Relief Act (I of 1877). The court found that the reliance on the Local Commission's report was misplaced, as it failed to meet the regulatory requirements outlined in the High Court Rules. The plaintiffs, represented by Mian Muhammad Nawaz, sought possession of 1 Kanal, 9 Marlas of land but were unable to substantiate their claim for the 2 Marlas occupied by the defendants, Zafar Saeed and others. The judgment emphasized the necessity for adherence to procedural standards in evidence collection and the burden of proof resting on the plaintiffs. This ruling highlights the critical importance of compliance with legal standards in property disputes, ensuring that claims are backed by valid evidence. The court's decision serves as a precedent for future cases involving property rights and the evidentiary process in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA, J
|
| Lawyers |
Mian Muhammad Nawaz,
Nemo
|
| Petitioners |
2 others,
MUHAMMAD NAWAZ
|
| Respondents |
14 others,
ZAFAR SAEED
|
| Citations |
2006 SLD 2255,
2006 CLC 1488
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
8
|