| Citation(s) |
|---|
| 2006 SLG 2324 2006 SLD 2324 2006 CLC 1742 |
Lahore High Court
Civil Revision No.1542 of 2001, decision dated: 12-12-2005.
JAWWAD S. KHAWAJA, J
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Civil Revision No.1542 of 2001, decision dated: 12-12-2005.
JAWWAD S. KHAWAJA, J
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GHULAM RABBANI
VS
Haji REHMAT KHAN and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 8---Suit for possession---Petitioner had impugned appellate decree whereby decree passed by the Trial Court was set aside and suit for possession filed by respondent was decreed---Petitioner had claimed that prior to consolidation proceedings, he was owner in occupation of suit-land, whereas claim of respondent was that disputed Khasra had fallen in his share as a result of consolidation---Order passed by Consolidation Officer had supported plea advanced by petitioner---Effect---Order of Consolidation Officer, would determine the entitlement of parties---Name of respondent did not find mention in respect of Khasra in dispute undoubtedly in the order of Consolidation Officer---Respondent did not challenge order of Consolidation Officer before Revenue hierarchy which was the forum for redressal of any grievance arising out of consolidation proceedings---Title in respect of Khasra in dispute as determined by order of Consolidation Officer, in circumstances, had attained finality, but Appellate Court below had not taken note of said circumstance---Khasra in dispute was given to petitioner by Consolidation Officer and not to respondent---Appellate decree based on misreading of evidence, was set aside and decree passed by the Trial Court stood restored. Ch. Muhammad Abdus Saleem for Petitioner. Syed Afzal Haider and Mirza Naseer Ahmad for Respondents. Date of hearing: 12th December, 2005. JUDGMENT JAWWAD S. KHAWAJA, J. --- Muhatnmad Azam (respondent No.3) has appeared in person. Walayat Khan (respondent No.2) is not present although he has been served. He is, therefore, proceeded against ex parte. Cost, ordered on the previous date, has been paid. 2. Ghulam Rabbani petitioner/defendant impugns the appellate decree, dated 20-6-2001, whereby the decree of the learned trial Court, dated 28-10-2000 was set aside and a suit for possession filed by Haji Rahmat Khan (respondent No.1) was decreed. 3. The facts of this case are simple. The dispute between the parties relates to land comprised in Khasra No.19/4. The petitioner claims that in consolidation proceedings undertaken in 1976 and even prior thereto he was the owner in…
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