| Citation(s) |
|---|
| 2021 SLG 2066 2021 SLD 2066 2021 PLJ 517 |
Lahore High Court
C.R. No. 26126 of 2017, decided on 29.9.2020, Date of hearing: 29.9.2020.
CH. MUHAMMAD IQBAL, JUSTICE.
Mr. Sajjad Hussain Tarar, Advocate for Petitioner. Mr. Mehboob Rasool Awan, Advocate for
Respondent.
C.R. No. 26126 of 2017, decided on 29.9.2020, Date of hearing: 29.9.2020.
CH. MUHAMMAD IQBAL, JUSTICE.
Mr. Sajjad Hussain Tarar, Advocate for Petitioner. Mr. Mehboob Rasool Awan, Advocate for
Respondent.
MUHAMMAD YOUSAF
VS
ALLAH DITTA
Law: Civil Procedure Code (V of 1908)
Section: 115
Law: Specific Relief Act, 1877
Section: 9
Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Specific Relief Act, (I of 1877), S. 9--Suit for possession--Decreed--Appeal--Dismissed--Purchasing of land--Non-producing of document by petitioner in rebuttal of ownership of respondent--Concurrent findings--Challenge to--Revenue record (Ex.Pl) shows ownership of respondent over suit property but in rebuttal no document is produced by petitioner did not challenge title of respondent before any forum till to-date--When as per revenue record as well as admission of petitioner that R respondent is owner of suit property as such possession of petitioner would be that of permissive in nature and mere assertion that he constructed house from his own sources as far as 25 years back is not sustainable claim to declare him as owner of suit property--As such, Courts below rightly passed impugned s decrees and no illegality has been committed--Counsel for petitioner has not been able to point out any illegality or material irregularity in impugned s decrees passed by Courts below and has also not identified any jurisdictional defect--Concurrent findings of fact are against petitioner which do not call for any interference by this Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction--Revision petition dismissed. 2014 SCMR 1469 ref. ORDER Through this civil revision, the petitioner has challenged the legality of judgment decree dated 22.06.2016 passed by the learned Civil Judge, Malakwal whereby suit for recovery of possession through ejectment filed by the respondent was decreed and judgment decree dated 10.04.2017 passed by the learned Additional District Judge, Malakwal who dismissed the appeal of the petitioner. 2. Brief facts of the case as contained in the plaint are that the respondent/plaintiff purchased land measuring 12-Marlas from Allah Ditta situated at Mouza Rukkan and raised construction on the said plot. Muhammad Yousaf, petitioner/defendant who is his real brother being homeless requested for lending M him house for living. The respondent/plaintiff gave him house measuring 6 Marlas comprising of Khewat No. 889 Khatooni No. 2614 situated at Mouza…
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