| Case ID |
f865c8ba-d44f-4bc4-9087-17bc579e5c6d |
| Body |
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| Case Number |
Civil Revision No. 1229-D of 1980 |
| Decision Date |
Apr 25, 1994 |
| Hearing Date |
Apr 25, 1994 |
| Decision |
The Lahore High Court allowed the civil revision filed by Mst. Saleem Akhtar, setting aside the lower courts' judgments regarding the location of a drinking well that was disputed between the plaintiffs and the defendant. The court emphasized that mere oral evidence was insufficient to resolve the controversy and that a satisfactory demarcation of the lands was necessary. The case was remanded to the Trial Court for a fresh decision in accordance with the law, with the suggestion to appoint a Local Commissioner if necessary to ascertain the true location of the disputed well. |
| Summary |
In the case of Mst. Saleem Akhtar vs. Nur Muhammad Khan and others, the Lahore High Court addressed a civil revision concerning the disputed location of a drinking well. The trial court had previously dismissed the plaintiffs' suit, citing their lack of possession of the land. However, upon appeal, the District Judge reversed this decision, leading to the current civil revision. The court found that the evidence presented was inadequate, particularly the reliance on oral testimonies which could be conflicting. The court highlighted the importance of accurate land demarcation in boundary disputes and remanded the case for a thorough examination. This case underscores the significance of proper legal procedures in civil disputes, especially regarding land and property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL ZARIN KIANI, J
|
| Lawyers |
Shahzad Shaukat
|
| Petitioners |
Mst. SALEEM AKHTAR
|
| Respondents |
4 others,
NUR MUHAMMAD KHAN
|
| Citations |
1994 SLD 1123,
1994 CLC 1828
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XLI,R.25,
O.XLI,R.115
|