| Citation(s) |
|---|
| 1989 SLG 1830 1989 SLD 1830 1989 SCMR 1664 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 851 of 1984, decision dated: 21st November, 1988.(On appeal from the judgment and order of the Lahore High Court Multan Bcnch, Multan dated 12-06-1984 in C. Rev. No, 2 of 1984)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Khalid Farook Oureshi, Advocate Supreme Court, instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Civil Petition for Leave to Appeal No. 851 of 1984, decision dated: 21st November, 1988.(On appeal from the judgment and order of the Lahore High Court Multan Bcnch, Multan dated 12-06-1984 in C. Rev. No, 2 of 1984)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Khalid Farook Oureshi, Advocate Supreme Court, instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Malik MUHAMMAD HAFEEZ and others
VS
THE PROVINCE OF PUNJAB through District Collector, Multan
Law:
Section:
Constitution of Pakistan (1973)----Art.185(3)--Question of fact--Evidence on record showing that Provincial Government was also owner in the village and in the Jamaband the suit land had been recorded under ownership of Provincial Government--Petitioners could not claim ownership of disputed land in view of the evidence on record--Question of fact having been decided against the petitioners, no case for interference, held, was made out--Petition dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court Multan Bench, Multan whereby the revision of the petitioners was dismissed. Briefly the facts are that a suit was filed by the petitioners for declaration to the effect that they were the owners in possession of the suit land located in Khasra No. 480 of village Tarf Mubarak Aweval, Tehsil and District Multan and ' that the respondent had no right or interest therein. A permanant injunction to restrain the respondent permanently from ejecting the petitioners from the said land was also sought. The position in this case was that the Irrigation Department had constructed a water course (i.e. Rajba) which was later abandoned for about six years prior to the filing of the suit by the petitioners. The petitioners got possession of the said land on which Rajba flowed earlier and completed some constructions thereon claiming to be its owners on the ground that the said land had belonged to their forefathers but the Irrigation Department constructed water course thereon without acquiring the same or paying any compensation. Thus when the water course was abandoned they regained possession thereof as owners. The suit was resisted by the respondent Government. The trial Court decreed the suit but on appeal of the respondent Government the decree of the trial Court was set aside and-the suit was dismissed. Subsequently the revision petition was likewise dismissed. Hence the present petition. Learned counsel for the petitioners submitted before us that the finding of the appellate Court to the effect that Khasra numbers of the water course as given in the Jamabandi Ex. P 14 were different from the Khasra…
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