Case Details

Citation(s)
1991 SLG 1492 1991 SLD 1492 1991 SCMR 2010
Supreme Court of Pakistan
Civil Petition No.95-Q of 1990, decision dated: 4-06-1991(Against the judgment and order of the High Court of Balochistan dated 30-7-1990 in R.F.A. No.15 of 1990)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, JJ

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MUNIR AHMAD and others

MULLA BAZ MUHAMMAD and others

Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration of ownership decreed by trial Court but finding reversed by High Court resulting in dismissal of suit---Lave to appeal was granted to consider whether in view of concurrent findings of two Courts about possession of plaintiffs, they were not entitled to the claim to the suit land. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment of the High Court dated 30-7-1990. 2. The facts, in brief, are that the petitioners filed a suit for declaration and injunction in the Civil Court on the allegation that about 57 years back the suit land had been purchased by their predecessor-in-interest and obtained possession thereof, and that the respondents were interfering with their peaceful possession. The suit was contested. The trial Court decreed the suit and restrained the respondents from interfering with the possession of the petitioners. This order was challenged by the respondents in appeal before the High Court. The appeal was accepted and the judgment and decree of the…
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