| Citation(s) |
|---|
| 2026 SLD 3252 |
Civil Revision No.30580 of 2019
Presented By: (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 30.06.2026. Petitioners by: M/s. Barrister Fasih-ur-Rehman, Malik Asif Iqbal, Ahmad Asfand Yar and Noor Dad Chaudhry, Advocates.
Respondents by: Ch. Manzar Bashir, Advocate (for respondent No.1).
Respondents No.2 to 4 & 6 ex parte.
Riaz Ahmad Khan (deceased) through Legal Heirs & others
VERSUS
Rafique Ahmad Khan & others
Law: Code Of Civil Procedure, 1908.
Section: 96, 115, 31
Tagline
A first appellate court must independently reappraise evidence and record reasoned findings under Order XLI Rule 31 CPC; mere reproduction of the trial court's judgment vitiates the appellate decision.
Summary
The petitioners challenged the concurrent judgments whereby the Trial Court decreed the respondent's suit for possession through partition by passing a preliminary decree, appointed a Local Commissioner for partition, and dismissed the petitioners' cross-suit for declaration, confirmation of possession, recovery of possession, and consequential relief.
The dispute concerned agricultural and residential property. The respondent claimed ownership and sought partition as a co-sharer, alleging that the petitioners were occupying land beyond their lawful share. The petitioners contended that the respondent was merely a benamidar, while their predecessor was the real purchaser and that the property had already been divided under a family arrangement dated 29.08.1983.