| Citation(s) |
|---|
| 2010 SLG 2794 = 2010 SLD 2794 = 2010 MLD 166 |
Sindh High Court
IInd Appeal No.17 of 2007, decided on 28th January, 2009.
Mrs. Qaisar Iqbal, J
IInd Appeal No.17 of 2007, decided on 28th January, 2009.
Mrs. Qaisar Iqbal, J
RABOO and others---Appellants
VERSUS
ABDUL REHMAN and others---Respondents
Law:
Section:
MRS. QAISAR IQBAL, J.---This IInd Appeal is directed against the judgment and decree, dated 24-2-2007 and 28-2-2007 passed by IInd Additional District Judge Thatta in Ist Appeal No.33 of 2002, whereby the appeal filed by the appellants was dismissed and the judgment and decree passed by the Senior Civil Judge Thatha in F.C. Suit No.72 of 1995 was maintained. Succinctly the facts leading to the case are that the plaintiffs/respondents Nos.1 to 5 filed suit for possession, mesne profit and permanent injunction against defendants Nos.1 to 7/respondents Nos. 6 to 12 defendants Nos. 8, 9, 11 and 12/appellant and defendant No.10. The suit against defendant No.10 was dismissed, restoration application filed by the respondents Nos. 1 to 5 was also dismissed. Subsequently the amendment sought by the respondents Nos. 1 to 5 seeking the mandatory injunction was allowed by the learned trial Court. It was the case of the respondents that respondents Nos. 1 to 5 held one rupee 'share in Survey Nos. 294 and 196 and 50 paisa share in Survey Nos. 290, 295, 303 and 308 along with other land in Deh Karampur Taluka Mirpur Sakro .and the record of right stood mutated in their favour. Respondents Nos. 1 to 5 had developed the land but the appellants had illegally encroached upon Survey Nos.290 and 294 by show of force and had illegally built their katcha hutments in the said survey numbers, due to the influence of appellants the respondents Nos. 6 to 11 had electrified the hutments of appellants by erecting 20 number of electric poles in Survey Nos.290, 194, 195, 196 , 303 and 308, hence the respondents Nos.1 to 5 filed the suit. Respondents Nos. 6 to 11 filed their written statement contended that the village was sanctioned namely Raboo Sheedie Goth in Survey Nos. 290 and 294 and respondents No.6 to 11 had illegally provided the electricity to the said village. The allegations against the respondents Nos. 6 to 11 were denied. Appellants filed their separate written statement contended that there was village consisting of 50 houses in Survey Nos. 290 and 294 and the appellants were residing more than 60 years. The respondents Nos. 1 to 5 had…