Case Details

Citation(s)
2006 SLG 1865 2006 SLD 1865 2006 MLD 682
Lahore High Court
Civil Revision No.1377 of 2001, decision dated: 25-05-2005
JAWWAD S. KHAWAJA, J
Allah Wasaya Malik for Petitioner Nadeem-ud-Din Malik for
Respondent

Mian SHAUKAT ALI

VS

NOOR AHMED

Law:

Section:

[Specific Relief Act (1 of 1877)].........S 8---Suit for possession---Plaintiff had averred that he was owner of suit property and before him his ancestors were its owners---Claim of plaintiff was that defendant was an acquaintance and since defendant was poor, plaintiff had given him suit property for residence 8/9 years prior to filing of ,suit---Suit was resisted by defendant claiming that for previous many generations, he and his ancestors had been in possession of the property and that they were owners in record of Excise and Taxation Department---Defendant had further claimed that electricity and gas connections were also in his name---Plaintiff had acknowledged that name of defendant was appearing as owner of suit property in official record, but subsequently ownership had been mutated in his name on his application---Testimony of one of witnesses produced by defendant, was to the effect that plaintiff had forged signature of defendant on the summons issued by Excise and Taxation Department with the object of obtaining an order in his favour without the knowledge of defendant---Plaintiff while appearing in Court as his own witness had given testimony which was in total conflict with averments made by him in his plaint---Effect---Plaintiff being not a credible witness, his testimony could not be relied upon---Even witness produced by plaintiff, had belied contents of plaint of plaintiff and had clearly stated in his cross examination that defendant was in occupation of suit property since very long and not for relatively short period of 8/9 years mentioned by plaintiff in his plaint---Plaintiff was obliged to prove his case, but he had not been able to discharge such onus---Even otherwise property in dispute being part of Abadi Deh, plaintiff alone was not entitled to exclusive possession of the same---Suit was rightly dismissed concurrently by Courts below with special costs; in circumstances. ORDER JAWWAD S. KHAWAJA, J.---This revision petition impugns the concurrent findings of' the learned trial Court dated 2-2-2000 and of the learned Appellate Court dated 26-2-2001. 2. The facts of the case have been duly noted in the impugned judgments and need not,…
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