Case Details

Citation(s)
2000 SLG 1872 2000 SLD 1872 2000 CLC 725
Lahore High Court
Civil Revision No.2355 of 1986, heard on 21st May, 1999
MUHAMMAD AKHTAR SHABBIR, J
Shahid Hussain Qadri for Petitioners. Taki Ahmad Khan for
Respondents

BAHADUR ALI and 10 others

VS

MUHAMMAD SHARIF and another

Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Suit for possession---Courts below on the basis of evidence on record had concurrently found that plaintiffs/petitioners had failed to prove by producing cogent evidence that they were owners of disputed land--­Petitioner having failed to point out any misreading/non-reading of evidence by Courts below or any illegality or jurisdictional defect in concurrent s and decrees of 'Courts below, High Court in exercise of its revisional jurisdiction could not reappraise evidence to come to a different conclusion---Concurrent findings of Courts below on question of facts being quite tenable, called for no interference. JUDGMENT In this revision, petitioners/plaintiffs challenged the correctness of judgment and decree dated 10-5-1986 passed by the Additional District Judge, Sialkot, whereby the judgment and decree dated 19-12-1985 passed by the Civil Judge, Sialkot dismissing the suit of the plaintiffs, was upheld. The facts leading to the present revision petition are, that the petitioners/plaintiffs filed a suit for possession of the suit land after demolishing construction and removal of the 'Debris/Malba' measuring 5 Marlas, serial No.82 of Khasra Pimaish of Mauza Nawan Pind Arain, Tehsil Sialkot, in the Court of Civil Judge, Sialkot against the respondents/ defendants. The suit of the plaintiffs/petitioners was that predecessor-­interest of the plaintiffs had given 5 Marlas land to the respondents/defendant No.2 Lal Din for the construction of a house, who, was not land-holder in the Deh. Plaintiffs averred in the plaint that there was custom in Mauza Pind Arain that a landless person can use the land of a landowner with his permission and at the time of shifting after removing Debris/Malba the land would be returned to original owner, and under this custom the disputed land was given by the predecessor-in-interest of the plaintiffs/petitioners to said Lal Din. He further alleged that without consent of the petitioners, defendant No.2 had made an agreement to sell with defendant No.l. Defendant No.l contested the suit, filed written statement and denied the averments of the plaint. On the pleadings of the parties the…
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