MUHAMMAD MAHMOOD vs IMTIAZ SHERAZ O — 2022 CLC 1836 HIGH-COURT-AZAD-KASHMIR

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MUHAMMAD MAHMOOD VS IMTIAZ SHERAZ O.XIV, Rr. 3 & 5---Improvements claimed on suit land---Cost of expenditure---Framing of issues---Respondent filed suit for declaration/possession and appellant filed suit for declaration---Respondents contended that two plots in issue were owned by them and proforma respondent; that father of the respondents constructed two houses upon said plots; that mother of appellants being an affectee of "Mangla DAM" was allowed to reside temporarily in house on humanitarian ground; that respondents asked the appellants to pay rent per month to which they agreed; that appellants had not been paying rent since 2001; that appellants were asked to pay rent outstanding or to evict the house handing over the possession of plot/house but they declined---Appellants filed suit, in response, claiming that their mother had purchased the area from predecessor of respondents through oral agreement that plaintiffs constructed the house and were residing therein having lawful ownership/possession; and that respondents managed to transfer the ownership of the plot in dispute illegally/fraudulently in their favour---District Court accepted the suit of respondents and dismissed the suit of appellants---Validity---District Judge has opined that disputed house had been built by "mother" of the appellants, whereas, issues were decided against appellants---Respondents had not challenged the findings of the trial judge in respect of construction of the house, meaning thereby, the claim of the appellants to such extent had been accepted---But while determining validity of said improvements the Trial Court had observed that construction over a piece of land without entitlement had no legal sanctity whereas while recording findings on additional issue the trial judge has opined that the cost of improvements had not been claimed---Before recording findings on legal position/sanctity of improvements over the suit land, it was necessary to determine the value of improvements but the said question had not been addressed by the Trial Court---No specific claim in respect of improvements in terms of "cost of expenditure" had been brought on record by the appellants---No issue was framed as to determine the alleged cost of construction over the suit land---Appeal was accepted and case was remanded to the Court with direction to frame issue as to determine the cost of construction and decide the matter afresh after recording the evidence of the parties in respect of said issue.

MUHAMMAD MAHMOOD vs IMTIAZ SHERAZ O — 2022 CLC 1836 HIGH-COURT-AZAD-KASHMIR

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