SHAHNAWAZ vs PROVINCE OF SINDH O — 2022 CLC 692 KARACHI-HIGH-COURT-SINDH

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SHAHNAWAZ VS PROVINCE OF SINDH O. XLI, R.31---appeal, points for determination of---Registered sale deed---Forest land---Title of alleged seller---Suit for declaration and permanent injunction was decreed which was set aside by the appellate Court---Contention of the petitioner was that appellate Court had failed to formulate points for determination; that Trial Court had correctly decreed the suit; that applicants were holding registered sale deed and presumption of correctness/sanctity was attached thereto; that such deed was never challenged since 1955; that roobkari relied upon by appellate Court was a bogus document and was neither obtained / produced officially nor any witness was produced---Validity---Trial Court had framed 8 issues and finally decreed the suit as prayed---appellate Court formulated two points for determination---applicants' claim was that 400 acres of un-surveyed land was owned by their predecessors---Entire case of applicants was based on revenue entry which purportedly was recorded on the basis of some sale deed executed by alleged seller---Such was not disclosed as to how such alleged seller became owner of the suit land, i.e. either being government allottee or purchaser from some third party---Witness in cross-examination admitted that suit land was a forest land; that such notification was issued by Government in 1960; that such notification was never challenged before any Court; and that Mukhtiarkar had issued roobkari regarding the documents---Provincial Government claim had always been that it was a forest land which was neither allotted to anybody nor the same could have been so allotted---alleged sale deed had become doubtful as the executant had failed to disclose his title to the property---Once it had come on record and admitted by applicant that suit land was a forest land, then alleged seller was never authorized to execute any sale deed of the suit land---appellate Court had given findings with proper reasoning on the entire controversy and even if it had failed to settle the points for determination, the same would not ipso facto render the impugned judgment as being liable to be set aside as the said rule was not absolute in nature---appellate Court had sufficiently answered the material questions in its judgment and even if no points were framed for determination it would not ipso facto render the judgment illegal/without lawful authority subject to that the point/controversy had been attended to and decided on the basis of evidence available before the Court---Revision petition was dismissed accordingly.

SHAHNAWAZ vs PROVINCE OF SINDH O — 2022 CLC 692 KARACHI-HIGH-COURT-SINDH

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