| Citation(s) |
|---|
| 2013 SLG 2511 2013 SLD 2511 2013 YLR 930 |
Peshawar High Court
Civil Revisions Nos. 210, 209 of 2010, 231 and 247 of 2011, decided on 12th November, 2012
MRS. IRSHAD QAISER, J
Nasir Mehmood for Petitioners. Muhammad Asif for
Respondent
Civil Revisions Nos. 210, 209 of 2010, 231 and 247 of 2011, decided on 12th November, 2012
MRS. IRSHAD QAISER, J
Nasir Mehmood for Petitioners. Muhammad Asif for
Respondent
SHAHID MEHMOOD and 7 others
VS
MUHAMMAD AFZAL
Law:
Section:
Specific Relief Act (I of 1877)--- ----Ss.8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for possession, declaration and injunction---Cross cases---Judgments at variance---Plaintiff claimed to be owner of suit property and sought recovery of possession, whereas conversely defendant also filed a suit---Trial Court by a consolidated passed decree in favour of plaintiff and dismissed the suit filed by defendant---Lower Appellate Court modified the decrees and both the suits were partially decreed---Validity---Trial Court fully discussed case of both the parties in detail and had rightly passed decree in favour of plaintiff and dismissed suit filed by defendant---Lower Appellate Court was not justified to hold defendant also entitled to decree to the extent of 10 marlas and such findings were not supported by reliable evidence available on record---Lower Appellate Court did not properly appreciate evidence in respect of execution of deed in favour of plaintiff and acted with illegality and material irregularity while reversing finding of Trial Court in respect of dismissal of suit filed by defendant and passed decree in favour of plaintiff---High Court while concurring with finding of Trial Court set aside and decree passed by Lower Appellate Court---Revision was allowed accordingly. JUDGMENT MRS. IRSHAD QAISER, J.---The petitioners Shahid Mehmood etc. filed Civil Revision No. 209 of 2010 and 210 of 2010 against Muhammad Afzal petitioner while Muhammad Afzal filed Civil Revision No.231 of 2011 and Civil Revision No.247 of 2011 against Shahid Mehmood etc. against the judgment and decree dated 29-10-2009 whereby appeal filed by petitioner Muhammad Afzal was partially allowed and modified the judgment and decree dated 15-6-2009 passed by trial Court. Since all the above four Civil Revisions are in respect of the same subject-matter and between the same parties involved common question of law and fact and challenged the same impugned judgment and decree therefore, I want to dispose of by the following single order. 2. Brief facts of the case are that petitioner Shahid Mehmood and seven others (legal heirs of Sohbat Khan) filed Suit No. 35/1 against…
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