Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.25,115

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.25,115

Civil Procedure Code (V of 1908)-------O.XLI, R. 25 & S. 115---Finding on controversial point on basis of insufficient evidence---Effect---Dispute relating to exact location of "well"--­Such dispute could only be resolved by satisfactory demarcation of respective adjoining lands owned by opposing parties---Mere oral evidence by one of plaintiffs and that of attorney of defendant was insufficient for satisfactory decision of such controversial point---Neither original nor certified copies of demarcation reports were put in evidence nor authors thereof, were produced as witnesses for deposing in favor of their correctness---In case of boundary disputes, demarcation of respective lands was always a desirable course to adopt by the Courts---Instead of mere oral evidence which was usually conflicting, demarcation of property by a person conversant with the art of demarcation would real assist in resolving the question in dispute---Case was remanded to Trial Court for decision afresh on merits in accordance with law. Shahzad Shaukat for Petitioner. Respondents: Ex parte. Date of hearing: 25th April, 1994, JUDGMENT Civil revision at the instance of defendant in the suit for perpetual injunction related to a dispute about location of a drinking well, either in Killa No-1 of Square No. 71 owned by the plaintiffs or Killa No. 5 of Square No. 72 belonging to the defendant-petitioner. The trial Court dismissed the plaintiffs' suit, on 17-9-1978. It held that since the plaintiffs were not in possession of the suit land, suit for perpetual injunction in its existing form did not lie and as far existence of the drinking well in their land, plaintiffs failed to establish it. In appeal preferred by the plaintiffs, decision of the trial Court was reversed and the plaintiffs' suit was decreed by learned District Judge, Faisalabad, on 19-6-1980. Thereupon, instant civil revision was instituted by Mst. Saleem Akhtar defendant in the suit. It was admitted to hearing on 4-4-1987. Facts of the case in brief are: Killa No. l of Square No. 71 in Chak No. 60/GB of Tehsil Jaranwala was owned by the plaintiffs. Killa No. 3 of Square ~No. 72 in the same Chak was owned by Mst. Saleem…

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