Case Details

Citation(s)
2006 SLG 2269 2006 SLD 2269 2006 CLC 1532
Lahore High Court
Regular Second Appeal No.141 of 2005, heard on 27-02-2006.
JAWWAD S. KHAWAJA., J

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MUHAMMAD ASLAM

VS

WASEEM AHSAN

Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Suit for possession on basis of title---Fact that appellant had no title in the suit property was established before Revenue Forums---Appellant's case before Civil Court to establish his title to disputed land had also been dismissed---Both Courts below had duly considered said circumstances while decreeing suit of respondent---Impugned decrees, in circumstances were unexceptionable---Counsel for appellant was unable to show existence of any of the grounds mentioned in 5.100, C.P.C., which would justify interference in impugned decrees. Sheikh Naveed Sheheryar for Appellant. Syed M. Kaleem Ahmed Khurshid for Respondent. Date of hearing: 27th February, 2006. JUDGMENT JAWWAD S. KHAWAJA, J.---This second appeal impugns the concurrent findings of the learned trial Court, dated 12-2-2001 and of the learned lower appellate Court, dated 30-6-2005 whereby a suit filed by respondent/plaintiff was decreed. 2. The facts of the case have been set out in the impugned judgments and need not, therefore, be reproduced in extenso. 3. Learned counsel for the appellant firstly argued that the respondent/plaintiff had sought possession of the suit property on the basis of his title but had not produced any evidence of title. This contention was controverted by learned counsel for the'respondent who traced. the title of the respondent to one Bashir, who admittedly was owner of the suit property. It has been specifically averred in the written statement of the appellant that Bashir had alienated the property in favour of his sons who had, in turn, conveyed the same to the respondent/plaintiff. 4. The entire defence of the appellant is founded on an order (Exh.P.16) dated 8-4-1990 passed by the Additional Commissioner (Revenue) ex parte against Bashir. The said order, however, was set aside by the Additional Commissioner (Revenue)…
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