Case Details

Citation(s)
1998 SLG 1437 1998 SLD 1437 1998 CLC 1423
Lahore High Court
Civil Revision No.335/D of 1997, decision dated: 20-02-1998
RAJA MUHAMMAD KHURSHEED, J
Hafiz S. A. Rehman for Petitioners

MUZAFFAR and anothers

VS

Mst. CHANANI JAN and 69 others

Law:

Section:

Specific Relief Act (I of 1877)-------S.42---Suit for declaration and injunction relating to land in question, was dismissed by Courts below---Validity---Entries in Revenue Record clearly indicated that plaintiffs were tenants of land in question---Evidence on record did not show that plaintiffs, as per their claim, were owners in possession of such land---Plaintiffs could not make any reference to any document showing that they were holding land in question, in their own right---Oral evidence brought on record did not support contention of plaintiffs that they were actually holding such land as owners thereof---Plaintiffs' contention that they had purchased land in question from defendants was not borne out from any evidence---Mutation entered in respect of alleged transaction was later on cancelled when objected to from opposite side---Plaintiffs, thus, could not point out that there was bona fide transaction of sale and purchase between parties as alleged in plaint---No interference was, therefore, warranted in s and decrees of Courts below whereby plaintiffs' suit had been dismissed for lack of evidence. ORDER This revision is directed against the judgment and decree of the Lower Court and the Appellate Court, dated 26-4-1995 and 20-6-1997 respectively. 2. The facts leading to this revision petition are that a suit for declaration and injunction was filed by the petitioners/plaintiffs regarding the land measuring 10 Marlas, detailed in the head note of the plaint. It was claimed that the property in question was purchased by the petitioners/plaintiffs from the respondents/defendants vide Mutation No. 1790, dated 29-4-1965. The sale money was paid and possession was obtained from the vendors by the petitioners/plaintiffs. However, the predecessor-in-interest of some of the respondents/defendants appeared before the Revenue Officer on 29-4-1965 and allegedly admitted the possession and payment of consideration but the mutation was ultimately cancelled on 23-1-1968. Thereafter, some of the respondents/defendants alienated their shares in the land vide Mutation Nos.226 and 227, dated 26-5-1981 which was challenged in the Courts below. It, thus, following that…
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