| Citation(s) |
|---|
| 2018 SLG 1099 2018 SLD 1099 2018 YLR 334 |
Lahore High Court
Civil Revision No. 409 of 2003, decision & hearing Dated: 11-01-2017.
HABIB ULLAH AMIR, JUSTICE
Muhammad Masood Bilal for Petitioner. Fayyaz Hussain Shah Hashmi for
Respondents.
Civil Revision No. 409 of 2003, decision & hearing Dated: 11-01-2017.
HABIB ULLAH AMIR, JUSTICE
Muhammad Masood Bilal for Petitioner. Fayyaz Hussain Shah Hashmi for
Respondents.
JUMA KHAN
VS
AMEER SULTAN AND OTHERS
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10(4)---Specific Relief Act (I of 1877), S. 8---Allotment of land---Suit for possession of immovable property---Limitation---Plaintiff had not mentioned the date or year when suit land was transferred or its possession was handed over to him by the concerned department---No person could be deemed to be a tenant or to have acquired any title, right or interest in State land in absence of written order of Collector concerned---Nothing was on record as to when the suit land was allotted to the plaintiff---No proof had been produced that plaintiff was put into possession on the suit land and he complied with the formalities which were prerequisite for allotment of land---Plaintiff had no proof of ownership with regard to land in question---Plaintiff had not come to the court within time---Suit was barred by limitation---No illegality or material irregularity had been pointed out in the impugned and decree passed by the Appellate Court---Revision was dismissed in circumstances. Sherri CBE (Citizens for a Better Environment) and another v. Government of Sindh through Secretary, Land Utilization Department Board of Revenue, Karachi and others 2009 YLR 955 rel. THIS JUDGMENT DELIVERED BY: HABIB ULLAH AMIR, JUSTICE:---.--- Through this revision petition, petitioner has assailed judgment and decree dated 17.2.2003 passed by learned Additional District Judge, Lodhran. 2. The facts, in brief, of this case are that Juma Khan, petitioner/plaintiff instituted a suit for possession in respect to Ihata No. 49 measuring 01 kanal situated at Chak No. 1-4/MPR, Tehsil Dunyapur, District Lodhran against Ameer Sultan etc. respondents/ defendants with the contention that petitioner/plaintiff was an effectee of Terbela Dam Project who migrated to aforesaid Chak and being an effectee took over possession of abovementioned Ihata. 15/16 years back he was challaned in criminal case and imprisoned for 25 years and in his absence, respondents illegally possessed over the said Ihata owned by petitioner and got constructed a room over there. It came to the knowledge of petitioner about this after when he was released in the…
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