TAHIR vs HAFEEZ-UR-REHMAN S — 2021 MLD 401 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 401 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: TAHIR vs HAFEEZ-UR-REHMAN S
Subject matter: Civil
Provisions referred to: S. 13---S; S. 42---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TAHIR VS HAFEEZ-UR-REHMAN S.13---Specific Relief act (I of 1877), S.42---Suit for declaration---Easements of necessity and quasi easements---Scope---Plaintiffs instituted a suit for declaration of right of ownership in respect of one marla against the defendants---Suit was decreed by the Trial Court and appeal filed against the decree was dismissed, however, as no other alternate passage was available to the entrance of the defendants' house, therefore, the appellate court allowed the defendants to use the passage for entrance and exit till an alternate arrangement was made by the defendants---Plaintiffs filed review petition, which was allowed and the defendants were given a maximum time of one year for making the alternate arrangement of passage for their house---Validity---appellate court while passing impugned order in review had failed to take into account the fact that the Local Commission report had clearly concluded that the disputed passage was the only access to the defendants' house---Effect of the original order, while passing the review order, was reversed vis-à-vis granting of easement to the defendants---appellate court while passing the review order had also transgressed the limits of review jurisdiction as grant of right of way to the defendants was not a mistake but a deliberate and considered decision of the court, which was unjustifiably reversed---Revision petition was allowed and order passed by appellate court on review petition was set aside.

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