| Citation(s) |
|---|
| 2014 SLG 1655 2014 SLD 1655 2014 CLC 311 |
Peshawar High Court
Civil Revision No.356 of 2009, decision dated: 8-04-2013.
LAL, JAN KHATTAK, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Revision No.356 of 2009, decision dated: 8-04-2013.
LAL, JAN KHATTAK, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Malik MUHAMMAD HUSSAIN
VS
SAADULLAH KHAN
Law:
Section:
(a) Specific Relief Act (I of 1877)-------S. 8---Suit for recovery of possession---Land occupied by "trespasser"---Scope---Suit for recovery of possession filed by plaintiff was decreed in his favour against the petitioner/defendant---Appeal filed by defendant was dismissed, the and decree passed in favour of plaintiff/respondent was upheld---Contention of the petitioner/defendant was that even if any encroachment was made by him and being a trespasser he could not be evicted from the suit land except in accordance with law---Validity---Petitioner being a trespasser had not the protection of law as he had violated a law and sought refuge behind another for the protection of his unlawful interest---Trespasser had no legitimate right whatsoever on the land in dispute as he had entered into the land in question without the permission of the relevant authorities and had started using the same for own purpose without any authorization---Petitioner was not entitled to any protection of law---Revision petition was dismissed. PLD 2008 Kar. 1821 and 2005 MLD 814 ref. 1968 SCMR 1286 and PLD 1982 SC 308 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of two courts below---Interference in such findings by revisional court---Scope---Concurrent findings could not be reversed unless and until, the same were proved from record of the case that the same either were the result of non-reading or misreading of evidence. PLD 1983 SC 53 rel. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 117---Urban property, defining of boundaries---Revenue officer, powers of---Scope---Contention of the petitioner was that suit land located in city area could not be demarcated by revenue officer---Validity---Revenue officer had been empowered to enter upon the question of demarcation even if the land was located in a city. 2011 YLR 872 rel. Malik Muhammad Bashir for Petitioner. Ghulam Muhammad Sappal for Respondent. Date of hearing: 8th April, 2013. JUDGMENT LAL JAN KHATTAK, J.--- In this revision petition concurrent findings of the two courts below have been assailed by the petitioner/defendant whereby suit filed against him by the respondent…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492