| Citation(s) |
|---|
| 2017 SLG 2487 2017 SLD 2487 2017 YLR 2024 |
Lahore High Court
C.R. No. 946 of 2007, heard on 8-12-2015.
ALI AKBAR QURESHI, JUSTICE
Naveed Sheharyar Shaikh for Petitioners. Syed Muhammad Shah for
Respondents.
C.R. No. 946 of 2007, heard on 8-12-2015.
ALI AKBAR QURESHI, JUSTICE
Naveed Sheharyar Shaikh for Petitioners. Syed Muhammad Shah for
Respondents.
IRSHAD AHMAD AND ANOTHER
VS
USAMA HASSAN AND OTHERS
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S. 8---Qanun-e-Shahadat (10 of 1984), Arts. 17(2) & 79---Suit for possession of immovable property---Plaintiffs had not produced marginal witnesses of sale deed to fulfil the mandatory requirement of Arts. 17(2) & 79 of Qanun-e-Shahadat, 1984---Even buyer and identifier were not produced in the court---Plaintiffs had failed to prove their title and they were not entitled for recovery of possession under S. 8 of Specific Relief Act, 1877---Sale deed on the basis of which suit was filed was not admissible in law---Impugned s and decrees passed by the courts below were set aside and suit was dismissed---Revision was allowed in circumstances. Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241; Manzoor Ahmad and 9 others v. Ghulam Nabi and 5 others 2010 CLC 350; Mst. Resham Bibi and others v. Lal Din and others 1999 SCMR 2325; Khan Mir Daud Khan and others v. Mahrullah and others PLD 2001 SC 67; Mst. Ramzan Bibi v. Additional District Judge and others 1995 CLC 1506; Mst. Zubaida v. City District Government, Karachi PLD 2004 Kar. 304; Abdul Rashid v. Muhammad Yaseen and another 2010 SCMR 1871 and Mst. Shah Sultan and 45 others v. Chief Commissioner of Islamabad and 5 others 2004 CLC 145 ref. Ali Muhammad and another v. Muhammad Bashir and another 2012 SCMR 930; Hazrat Ullah and others v. Rahim Gul and otheres PLD 2014 SC 380 and Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court--- Scope--- Concurrent findings recorded by the courts below could be interfered by the High Court if same were based on insufficient evidence, mis-reading of evidence, non-consideration of material evidence, erroneous presumption of facts and consideration of inadmissible evidence. Muhammad Aslam v. Mst. Ferozi and others PLD 2001 SC 213 rel. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:---.--- This civil revision assails the judgment and decree dated 19.12.2006 and 18.04.2006, passed by the learned Courts below, whereby the suit for possession filed by the respondents was decreed…
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