Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXVIII, R.18---Inspection of property by Court, not a substitute for evidence---No case to be decided merely on basis of opinion or impression formed during inspection---Exercise of power for inspection of property was, however, in' the discretion of Court---Where there was sufficient evidence available on record on basis of which Court found no difficulty in deciding matter in issue, inspection of property was not called for. Muhammad Jumman-and another v. Mst Aqlan and 2 others PLD 1980 Kar. 108; Nur Mohammad etc. v. Khushi Muhammad etc. PLD 1975 Lah. 515 and Tirath Ram and others v. Muhammad Abdul Rahim Shah and another AIR 1923 Lah. 546 rel. (b) Easements Act (V of 1882)--- ----S.13---Easement of necessity---Claim for---Easement of necessity could only be claimed when it was demonstrated before Court that without enjoyment of that right, property for the benefit of which easement was being claimed could not be used-at all. Messrs Pakistan Warranted Warehouse Ltd. v. Messrs Sindh Industrial Trading Estate Ltd. and another 1991 SCMR 119 and Abdul Hamid Shah and another v. Muhammad Yar and 13 others PLD 1991 SC 815 rel. (c) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Findings of fact recorded by Courts below not suffering from any misreading. or non-consideration of material evidence could not be interfered with in revisional jurisdiction of High Court---Findings recorded by both Courts below on question of fact could not be upset merely on ground that another view of evidence was possible on its reappraisal. JUDGMENT This petition under section 115 of the Code of Civil Procedure, 1908 calls in question the decree of the Additional District Judge Lahore, dated 17th July, 1991, affirming the judgment and decree of the trial Court dated 19th Nov., 1989. 2. The background in which this dispute has arisen is that originally Malik Badar Din was the owner of the land measuring 27 Kanals bearing Khasra Nos. 5083, 5093/1, 5094, 5079, 5099, 5078, 5095, 5077, 5076, 5094/1, 5043, 5103, 5102, 5101, 5100, 5104, 5073, 5043, 5076 and 5071 situate on 21-A, Davis Road, Lahore. 1t appears that after the death of Malik…

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