Law: Civil Procedure Code (V of 1908)

Section: 31 , 115

Civil Procedure Code (V of 1908)--- ----O.XLI, R.31 & S.115---Trial Court giving findings on all the issues framed in suit---Appellate Court, while reversing such judgment not recording findings on separate  issues  but  recording  findings collectively---While setting aside findings of Trial Court, no specific reasons had been shown---Judgment and order of Appellate Court, thus, was not sustainable being in contravention of O.XLI, R. 31, Civil Procedure Code, 1908---Case was remanded to Appellate Court for decision afresh in accordance with law. Abdul Hameed Khan for Petitioners. Khursheed Alam for Respondents. Dates of hearing: 26th, 27th, 28th February and 3rd March, 1991. JUDGMENT The petitioner has challenged the judgment and decree dated 12-8-1985, passed by 5th Additional District Judge,  Hyderabad,  in  Civil Appeal  No.  145/1984,   whereby the judgment and decree of the Trial Court passed in Suit No. 201/1979 has been set aside. The brief facts leading to this Revision Application are that one Abdul Haleem (ancestor of respondents 1-A to 1-H) filed a suit for declaration and injunction against applicant Muhammad Mustaqeem, the Government of Sindh, Settlement Commissioner Sindh Central Settlement Cell and Deputy Settlement Commissioner Hyderabad. In the suit Abdul Haleem pleaded that he was occupying a portion of house bearing C.S. No.C/1863-64, Purana Machi Hutt, Chotki Gitti, Hyderabad since 1949. The portion in his occupation was independent residential unit and for its transfer he filed NCH Form which was duly registered on 8-8-1959, in CSC-II Register at Serial No. 1439. The applicant herein, Muhammad Mustaqeem was also occupying a portion of the said C.S. No. and he too applied for its transfer. PTO dated 20-11-1959 was issued in favour of Muhammad Mustaqeem on 30-11-1959 in which C.S. No. was C/1863 only was shown transferred to him. It was also pleaded that subsequently Muhammad Mustaqeem managed with the Settlement Department and got his P.T.O., and PTD amended and C.S. No.C/1864 was added to the C.S. No. C/1863, initially entered in his transfer documents. The plaintiff Abdul Haleem moved…