Case Details

Citation(s)
2008 SLG 907 2008 SLD 907 2008 CLC 1685
Lahore High Court
Civil Revision No.2538 of 2000, decision dated: 13-06-2008
KHALIL AHMAD, J

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GHULAM ABBAS

VS

MUHAMMAD HAYAT and others

Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Decree passed by the Trial Court in favour of plaintiff had been upheld in appeal by the Appellate Court---Validity---Defendant was unable to point out any illegality or material irregularity misreading or non-reading of evidence available on record warranting interference by the High Court in its revisional jurisdiction---Revision petition being devoid of any force, was dismissed. Malik Noor Muhammad Awan for Petitioner. Nemo for Respondents. ORDER KHALIL AHMAD, J.--- Respondent No.1 filed a suit for declaration to the effect that he was owner in possession of land described in the head-note of the plaint along with defendants Nos.11 to 13 and-that defendants Nos.1 to 10 have got no right and that Mutation of inheritance No.1850 in the name of Kura son of Ghulama of Mauza Dagar Rehtas was illegal, void and ineffective. The case of respondents was that Kura was owner of land measuring 312 Kanals, 14 Marlas in Village Dagar Rehtas and his share in "Shamlat Deh" was 163 Kanals, 17 Marlas. The said Kura sold his total land vide Mutation No.1110 dated 12-5-1952 to Allah Bakhsh. Muhammad Hayat respondent and his brother Fida Hussain obtained this land vide Mutation No.1122, dated 11-12-1952. The Village Dagar Rehtas was divided into four revenue estates i.e. Dagar Rehtas Gharbi, Dagar Rehtas Sharqi, Chak No.184/TDA and Chak No.33/TDA. 132 Kanals of total land fell in village Dagar Rehtas and Mutation No.1122 was incorporated in its Revenue Record Village 110 Kanals, 5 Marlas of land which fell in Dagar Rehtas Sharqi was not acted upon and the same was treated as ownership of Kura and mutation of inheritance No.1850, dated 18-5-1968 was sanctioned in favour of Muhammad Hayat and others. That Thal Development Authority neglected Mutation Nos.1110 and 1122 and treated this property as property of Kura and that mutation of inheritance Nos.101 and 103 were illegal void and ineffective qua their rights. The suit was contested and on the pleadings of the parties, the learned Civil…
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