Case Details

Citation(s)
2002 SLG 1734 2002 SLD 1734 2002 CLC 20
Peshawar High Court
Civil Revision No. 168 of 1999, decision dated: 2-04-2001
TALAAT QAYYUM QURESHI, J
Abdul Kabir Tangi for Petitioners. Gul. Sadber Khan for
Respondents (on PreAdmission Notice)

Syed RAHIM and others

VS

MAZHAR ALI

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revision---Concurrent findings of fact recorded by Courts below---Plaintiff filed a suit for the ejectment of defendants being tenants in the house owned by the plaintiff---Defendants claimed to have purchased the disputed house on the basis of a sale-deed---Vendor from whom the defendants claimed to have purchased the property was not shown in the proprietary body of the village---Defendants had failed to make a case as to how they became the owners of the suit property---No evidence worth credence/reliance was produced to prove the deed--­Plaintiff not only successfully proved the ownership through Revenue Record but also proved that the defendants were his tenants in the disputed house on payment of Khakshora (village customary rent)---Trial Court decreed the suit and the appeal against the passed by the Trial Court was dismissed by the Appellate Court---Validity---Where no misreading-or non-reading of evidence, illegality, material irregularity or mis-exercise or non-exercise of jurisdiction vested in the Courts below was pointed .out, both the Courts below had rightly passed the decrees in favour of the plaintiff---High Court declined to interfere with the, concurrent findings of facts recorded by the Courts below---Revision was` dismissed in limine. ORDER Mazhar Ali, the respondent filed suit for ejectment against the petitioners in the Court of learned Civil judge, Tangi, which was decreed vide judgment and decree, dated 28-4-1998. Being aggrieved of the said judgment and decree, the petitioners/defendants filed Appeal No.28/13 which too was dismissed vide judgment and decree, dated 9-2-1999. The petitioners/defendants have now moved this Court against the judgments and decrees of the Courts below through revision petition in hand. 2. Mr. Mir Muhammad, Advocate, argued that the predecessor of the petitioners was owner of the suit property on the basis of deed, dated 5-1-1898 Exh.D.W.1/2. The petitioners were not tenant under the respondent and though issue was framed as to whether there existed relationship of landlord and tenant between the parties but the respondent/plaintiff did not lead any evidence to…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492