| Citation(s) |
|---|
| 1994 SLG 1074 1994 SLD 1074 1994 CLC 1172 |
Lahore High Court
Civil Revision No. 1153 of 1993, heard on 22nd December, 1993
MIAN NAZIR AKHTAR., J
Ghulam Muhammad Sajarah for Appellant. Abdus Sattar Chughtai for
Respondent.
Civil Revision No. 1153 of 1993, heard on 22nd December, 1993
MIAN NAZIR AKHTAR., J
Ghulam Muhammad Sajarah for Appellant. Abdus Sattar Chughtai for
Respondent.
QADIR BAKHSH through Legal Heirs
VS
MUHAMMAD NAWAZ
Law:
Section:
Civil Procedure Code (V of 1908)--- ----Ss. 9 & 115---Suit for possession ---Revisional jurisdiction---Exercise of--Plaintiff/respondent's claim of ownership of land in dispute was independently proved by evidence including Jamabandi and Khasra Girdawari---Jamabandi to which presumption of truth was attached showed that plaintiff was owner of Khasra concerned and Khasra Girdawari was showing cultivating possession of plaintiff over land in dispute---Defendant/petitioner had failed to prove that land in dispute stood acquired by Authority and that same was not owned by plaintiff---Courts below, had rightly found plaintiff/respondent as owner of land in dispute and his suit was rightly decreed by Courts below. Malik Imtiaz Ahmad and 2 others v. Deputy Commissioner/Collector, Khushab and 4 others 1990 CLC 915 ref. JUDGMENT The petitioners seek revision of the judgment and decree dated 21-1-1988 whereby the suit for possession filed by the respondent was decreed and the appellate judgment and decree dated 15-11-1992 whereby the petitioners' appeal was dismissed. 2. I have heard the learned counsel for the parties at some length. The petitioners' learned counsel strenuously urged that demarcation conducted by the Patwari was illegal and could not be relied upon. In this connection he places reliance on the judgment reported as Malik Imtiaz Ahmad and 2 others v. Deputy Commissioner/Collector, Khushab and 4 others (1990 CLC 915). His emphasis is that the demarcation could have been conducted by a competent Revenue Officer and not the Patwari. The above argument of the petitioners' learned counsel has considerable weight but even if the demarcation Exh.P.l is excluded from consideration, still the respondent's claim of ownership…
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