| Citation(s) |
|---|
| 2014 SLG 1420 2014 SLD 1420 2014 YLR 569 |
High Court (AJ&K)
Revision Petition No.64 of 2012, decision dated: 23rd April, 2013.
SARDAR ABDUL HAMEED KHAN, J
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Revision Petition No.64 of 2012, decision dated: 23rd April, 2013.
SARDAR ABDUL HAMEED KHAN, J
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MUHAMMAD FAZAL
VS
MUHAMMAD ILYAS
Law:
Section:
Civil Procedure Code (V of 1908)---S.115---Revision---Scope---Version of the petitioner had not been supported by an affidavit nor such was borne out from the averments made in the petition---Courts below had passed concurrent findings and exercised their jurisdiction judiciously---Certified copies of pleadings had not been appended with the revision petition which was mandatory provisions of law and revision would merit dismissal on such sole ground---Revision was dismissed. ORDER SARDAR ABDUL HAMEED KHAN, J.---This revision petition has been directed against the order of Additional District Judge, Kotli dated 21-11-2012, whereby the order of the learned Senior Civil Judge, Kotli dated 5-11-2012 was kept intact. Brief facts culminating into the instant revision petition, are that plaintiff/ petitioner herein, filed a suit for declaration with prayer of perpetual injunction, against the defendant/respondent herein, in the Court of Senior Civil Judge, Kotli. It was alleged by the plaintiff/petitioner that the land comprising Khasra No. 251 measuring 4 kanals, 8 marlas situated in village Kurti Tesil and District Kotli has been purchased by the plaintiff who was in possession as an owner, but the respondent got made fictitious entry in the sale-deed whereas the petitioner is the sole owner of the suit-land and respondent has no nexus with the suit-land. It was averred that respondent illegally got recorded his possession without lawful authority over the suit-land and has effected improvement in shape of construction of water tank, enjoyment of the crops and grass production on the said land. He further averred that the defendants, forcibly want to eject petitioner from the said land. Respondent/defendants filed written statement and submitted that the disputed land is in their possession, an application under Order XXXIX, Rules 1 and 2 for grant of injunction was moved along with the suit, Stay order was issued against the defendant to maintain status quo. After necessary proceedings, the learned Senior Civil judge passed the impugned order and allowed the construction of water tank on an undertaking by the respondents. On appeal, the said order of the learned…
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