| Citation(s) |
|---|
| 2010 SLG 1632 2010 SLD 1632 2010 YLR 789 |
Sindh High Court
Civil Revision Application No. 132 of 2009, decision Dated: 24-12-2009. Hearing Dated: 16-12-2009.
SHAHID ANWAR BAJWA, JUSTICE
Petitioner(s) by: Shaikh Muhammad Wasim
Respondent(s) by: Abbadul Hasnain
Civil Revision Application No. 132 of 2009, decision Dated: 24-12-2009. Hearing Dated: 16-12-2009.
SHAHID ANWAR BAJWA, JUSTICE
Petitioner(s) by: Shaikh Muhammad Wasim
Respondent(s) by: Abbadul Hasnain
MST. NASIM BASHIR AND ANOTHER
VS
MUNAWAR PASHA
Law: Specific Relief Act, 1877
Section: 42,54
Law: Civil Procedure Code (V of 1908)
Section: 115
Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Civil Procedure Code (V of 1908), S.115---Revisional jurisdiction of High Court---Scope---Misreading and non-reading of evidence---Suit filed by plaintiff was decreed only to the extent of possession, feeling aggrieved, plaintiffs filed appeal and the same was dismissed by Lower Appellate Court---Validity---All questions raised by plaintiffs were of facts and they failed to point out as to what misreading and non-reading of evidence had taken place---Plaintiffs also failed to point out as to what provision of law was ignored by the Courts below---Plaintiffs could not point out to High Court as to which orders were passed by the Courts below in violation of which provision of law---High Court in exercise of revisional jurisdiction declined to interfere in the and decree passed by Lower Appellate Court---Revision was dismissed in circumstances. Muhammad Akhtar v. Mst. Manna and 3 others 2001 SCMR 1700; Wali Muhammad v. Muhammad Ibrahim and others PLD 1989 Lah. 440 and Malik Muhammad Khaqan v. Trustees of the Port of Karachi (KPT) and another 2008 SCMR 428 ref. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, J.- Civil Suit No.449 of 2006 was filed by present respondent for possession, damages and permanent injunction against present applicants. Subject matter of the suit is property situated on plot measuring 1180 sq. yds. where a Mandar was constructed before partition and it was later on granted to Hyderabad Amid Cooperative Housing Society on 4-2-1939. On 24-6-1948 Mr. Bhagwan Singh Advani President of the Guru Mandar Association who had migrated to India agreed to sell this property to one Fredrick Sidnay Cotton and sale-deed was registered on 16-1-1951 after survey was contemplated by section 17 of the Ordinance XV of 1949 by the Additional Custodian (Judicial). Sale was later on confirmed by Deputy Custodian under section 16 of the said Ordinance by his order dated 9-2-1951. Property-in-question was purchased by Federal Government from the said Fredrick Sidney Cotton on 4-7-1961. Litigation 'regarding status of property remained pending and this Court in C.P. No.D-748 of 2005 on August 12, 1992 passed…
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