Case Details

Citation(s)
2025 SLG 3812 2025 SLD 3812 = 2025 CLC 290
Sindh High Court, Hyderabad Bench
Iind Appeal No. 111 of 2022, decided on 31st May, 2024.
Before Yousuf Ali Sayeed, J
Zafar Iqbal Seenharo, for Appellant. Barrister Jawad Ahmed Qureshi for
Respondent No.1. Anwar Ali Solangi, for
Respondent No.2

Mir ABDUL QAYOOM ---Appellant

VERSUS

MUHAMMAD ASLAM and others ---Respondents

Law: Specific Relief Act (I of 1877)

Section: 42,54

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Property, identification of---Describing land with reference to boundaries---Significance---Dispute between the parties was with regard to ownership and possession of plot in question when both the parties had referred to two different numbers of one plot in registered documents in their favour---Suit filed by respondent/plaintiff was concurrently decreed in his favour---Validity---In Schedule to lease deed, plot number mentioned was 74/C, with specific boundaries--Describing land with reference to boundaries was significant because it provided a clear and specific identification of the property, as the boundaries serve as physical markers that define the extent and limits of a particular piece of land--Mentioning boundaries in legal document such as a lease helps to avoid ambiguity and ensures that there is no confusion or dispute regarding exact location and extent of the property---Such information provides a precise and objective way to identify and distinguish one property from another and is crucial for determining ownership, resolving boundary disputes, and establishing rights and responsibilities related to the land---Appellant/defendant was unable to demonstrate any misreading/nonreading of evidence or perversity in the findings of fora below falling within the scope of a Second Appeal---High Court declined to interfere in concurrent findings passed by two Courts below as the same were reasonable and sustainable one on the basis of the evidence on record---Second Appeal was dismissed accordingly..Dates of hearing: 29th April, 2024 and 7th May, 2024.JUDGMENTYOUSUF ALI SAYEED, J.---This Second Appeal assails the concurrent findings of the fora below, commencing with the Judgment and Decree dated 24.03.2022 of the learned 5th Senior Civil Judge Hyderabad in F.C Suit No.578 of 2013 instituted by the Respondent No.1 and culminating in the Judgment and Decree dated 26.09.2022 of the 8th Additional District Judge Hyderabad dismissing Civil Appeal No. 74 of 2022 preferred thereagainst by the Appellant.2.    The dispute underpinning the matter revolves around the rival claims espoused…
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