| Citation(s) |
|---|
| 1994 SLG 1341 1994 SLD 1341 1994 CLC 1175 |
Lahore High Court
Civil Revision No. 327 of 1992, decided on 1st December, 1993
MUNIRA. SHAIKH, J
Abdur Rehman Madni for Petitioner. Syed Zahid Hussain for
Respondents Nos. 1 to 9. Nemo for
Respondent No. 10.
Civil Revision No. 327 of 1992, decided on 1st December, 1993
MUNIRA. SHAIKH, J
Abdur Rehman Madni for Petitioner. Syed Zahid Hussain for
Respondents Nos. 1 to 9. Nemo for
Respondent No. 10.
Syed ABID HUSSAIN
VS
Raja KHALID AZIZ and others
Law:
Section:
Civil Procedure 'Code (v of 1908)--- ----S. 115---Revisional jurisdiction---Exercise of---Finding of fact---Both Courts below after careful consideration of oral and documentary evidence produced by parties decided that respondent was owner of property in dispute on basis of sale-deed duly executed in his favour by original owner of property as well as by way of adverse possession and that petitioner had no locus standi to object to decree passed in suit against him as he had failed to prove his entitlement to property in question---Such findings of fact recorded by Courts below not suffering from any illegality or material irregularity, could not be interfered with in revisional jurisdiction of High Court. Abdul Aziz v. The Multan Electric Supply Company Limited PLD 1958 (W.P.) Lah. 614 ref. JUDGMENT This revision petition is directed against judgment and decree dated 1-12-1991 passed by learned District Judge, Lahore through which appeal filed by the petitioner against judgment and decree dated 31-3-1990 passed by learned trial Court decreeing the suit of the respondents, was dismissed, has been challenged. 2. The property in dispute was owned by Mst. Sughra Begum/respondent No.10. Mst. Hajra Bibi deceased predecessor-in-interest of respondents 1 to 9 filed suit against the present petitioner (defendant No.l) and respondent No.10 (defendant No.2) for declaration that she was owner in possession of the land in dispute on the basis of sale-deed dated 28-4-1936 executed by Sughra Begum in her favour for an amount of Rs.2,000.00 over which houses had been constructed on 20 Marlas 57 square feet. He also claimed adverse possession in the alternative. The present petitioner who is step-son of Mst. Sughra Bibi claims to have purchased the same property through registered sale-deed dated 5-2-1946. The possession of Mst. Hajra Bibi deceased was admitted over the property in dispute. The suit against Sughra Bibi defendant No.2 was dismissed by the leaned trial Court on 30-6-1985 on the ground that process fee had not been deposited, a review of which order was sought but the same was declined. 3. The learned trial Court framed issues arising from the pleadings of the…
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