Law: Limitation Act, 1908

Section: 3,23

Law: Criminal Procedure Code (V of 1898)

Section: 249A

Law: Code of Civil Procedure of 1882

Section: OrderVII,Rule11

Law: Pakistan Penal Code, 1860

Section: 34,427,447,448

THIS JUDGMENT PASSED BY: ROZI KHAN BARRECH, JUSTICE:---.--- This judgment disposes of R.F.A. No.93 of 2009 filed by the appellant namely Mahmood Khan Kurd son of Sardar Deernar Khan Kurd against the judgment and decree dated 11.06.2009 hereinafter the impugned Order) passed by learned Senior Civil Judge-II, Quetta, (hereinafter the trial Court) whereby suit filed by the appellant (plaintiff) for recovery of Rs.3 crore was dismissed. 2. Siccinctly the facts of the case are that on 19-5-2008 the plaintiff (appellant) filed a suit for recovery of Rs.3 crore against the respondent (defendant) before the learned Senior Civil Judge-II, Quetta, averring therein that the respondent (defendant) lodged FIR against him bearing No.76 of 2003 dated 14.04.2003 under sections 447, 448, 427, 34 P.P.C. registered with the Police Station Saryab, Quetta, with the allegation that the respondent (defendant) Arbab Muhammad Hashim owns his property at the corner of Arbab Karam Khan Road Shah Zaman Road which include nine shops on the road and a plain piece of land behind it where a house consisting two rooms had been constructed. A gate in between the shops led to the land and the house. Mutation No.158, Ward No.8, Tappa Urban-II, Tehsil Quetta of the said property was in his name. On 17.12.2002, the accused Mehmood Kurd, Irfan Buledi and Imran Buledi with intention to occupy the property closed the gate by erecting a wall inside the gate and made their way by breaking the wall between the said property and Buledi house. On 14.04.2003 he saw that the accused Mehmood Ahmed Kurd with his men had removed the wall behind the gate of the property and was raising the height of the gate. It is further alleged in the report that the accused Mehmood Ahmed Kurd has kept his illegal possession over the said property through fraud and coercion. His accomplice was Mehmodo Hashmi, and after investigation, the challan was submitted before the learned Additional Judicial Magistrate-II, Quetta, who after framing the charge and recording statement of two witnesses acquitted the appellant on the application under section 249-A Cr.P.C. on 30.03.2004. It is the case of appellant (plaintiff) contended in…

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