Case Details

Citation(s)
2020 SLG 2505 2020 SLD 2505 2020 CLC 2078
Lahore High Court
Civil Revision No. 133552 of 2018, decided on 5th June, 2020.
AYESHA A. MALIK, JUSTICE
Ch. Hafiz ur Rehman Atif for Petitioner. Muzammil Hussain Qasmi for
Respondent.

HAFIZ MUHAMMAD AMAN ULLAH

VS

MUHAMMAD ANEES JAVED

Law: Specific Relief (Punjab Amendment) (Repeal) Ordinance, 1983

Section: 42,8,54

Law: Civil Procedure Code (V of 1908)

Section: 10

Specific Relief Act (I of 1877)--- ----Ss.42, 8 54---Civil Procedure Code (V of 1908), O.XXVI, Rr.10---Commission for local investigations---Procedure---Un-signed report---Scope---Petitioner filed suit for declaration, possession along with consequential relief of permanent injunction---Trial Court dismissed the suit---Appellate Court on an application for additional evidence ordered for the appointment of local Commission with consent of the parties for demarcating the property---Local Commission submitted the report, however, on the objections of respondent the same was set aside and a fresh local Commission was ordered to be appointed---Petitioner filed review application against said order, which was dismissed---Validity---Review application was dismissed on the ground that the report of local Commission was incomplete as there was no report of the revenue authorities supporting the findings of the local Commission nor were there any documents appended with the report on the basis of which local Commission had made his report---Impugned order had been made after consulting the record---Petitioner had admitted before the High Court that the report submitted by local Commission was not a signed document--- Revision petition was dismissed. ORDER AYESHA A. MALIK, J.---- Through the instant petition, the Petitioner has impugned orders dated 1.11.2017 and 20.12.2017 passed by Additional District Judge, Chiniot. 2. The basic facts of the case are that the Petitioner filed a suit for declaration along with possession with reference to land falling in Khata No.2519/2498, Khasra No.15804/9883/2 land measuring 10-M 0-S 15/90th share measuring 01-M 06-S and Khata No.2510/2489, Khasra No.9882 land measuring 02-K 0-M 79/432th share measuring 08-M 07-S total land measuring 10-M 04-S according to jamabandi for the year 1999-2000 situated in Chah-Isawali Mouza Chiniot along with consequential relief of permanent injunction. The Respondent contested the suit which was ultimately dismissed vide judgment and decree dated 20.3.2015 passed by Civil Judge 1st Class, Chiniot. Feeling aggrieved, the Petitioner filed an appeal before the Additional District Judge, Chiniot and in the…
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