| Citation(s) |
|---|
| 1982 SLD 721 = 1982 CLC 2271 |
Regular Second Appeal No. 19 of 1981, decided on 4th April, 1982.
Muhammad Munir Khan, J
Mst. NAZIR BEGUM AND OTHER-Appellants
VERSUS
Mst. QAMARUNNISSA AND OTHERS-Respondents
Law:
Section:
This Regular Second Appeal arises from the judgment and decree of the learned Additional District Judge, Multan confirming the judg ment and decree dated 30 th October, 1980 of the learned Civil Judge, 1st Class, Multan, whereby suit filed by Mst. Qamar-un-Nisa respon dent No. I (since deceased), the mother of respondents Nos. 3 to 10 against Mst. Nazir Begum and others, for possession of land measuring 555 Sq. yards but wrongly calculated as 455 Sq. yards situated in Khasra No. 1655 of Chah Docharkhiwala and Khasra No. 1582 min. Chah Bhagowala, Mauza Tarof Ismail, Multan City, was decreed in favour of Mst. Qamar-un-Nisa respondent and against Mst. Nazir Begum and others defendants/appellants. Since Sher Muhammad defendant No. 2 has not joined as an appellant, he has been impleaded as respon dent No. 2. 2. The facts leading up to this regular second appeal in brief are that Mst. Qamar-un-Nisa respondent No. I claimed that she was the exclusive owner of Khasra No. 1655 and half of Khasra No. 1582 of Chab Docharkhiwala and Chah Bbagowala respectively. It has been averred in the plaint that she was owner in possession of these chahat. She sold away some land but remained exclusive owner of Kbasra Nos. 1655. 1597, 1595, 1582 min. The land of Khasra Nos. 1576, 1580 and 1581, etc. situated on the northern side of the watercourse being an evacuee property was split into plots by the Settlement Department and was sold away to different persons by means of auction. Plot No. 9 was sold to Sher Muhammad respondent No. 2. Faiz Muhammad Khan appellant is real brother of Sher Muhammad who claimed that he became owner of plot No. 9 by family settlement. Plot No. l l origi nally was transferred in auction to Muhammad Nawaz who subsequently transferred it to his daughter Nazir Begum appellant No. 1. It has also been averred that Mst. Nazir Begum and Faiz Muhammad have encroached upon Khasra Nos. 1655 and 1582 to the extent of 272 sq. yards and 283 sq. yards respectively. The defendants Mst. Nazir Begum, Sher Muhammad Khan and Faiz Muhammad Khan filed separate written statements. They raised preliminary objections. Without specifically denying the ownership of the…