RIASAT ALI vs YASEEN S — 2022 MLD 1825 LAHORE-HIGH-COURT-LAHORE

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

RIASAT ALI VS YASEEN S.9---abadi Deh---Ownership, question of---Demarcation---Shajra abadi and Khasra abadi records---Suit for the possession along with permanent injunction was filed by petitioners---Respondents contended that they were owners in possession of the suit property in the light of judgement passed by a Civil judge and the suit property was situated in abadi Deh---Trial Court dismissed the suit of petitioners---Petitioners filed appeal before appellate Court, which was also dismissed---Held, that actual dispute between the parties pertained to demarcation of land which might have been or was to be carried out by the revenue authorities---Factual controversy could only be laid to rest by ordering for being placed on record a demarcation report finalized by the revenue authorities but such report was never brought on record either by the petitioners or by the respondents and was not even summoned either by Trial Court or by the appellate Court---Onus to prove such issue was on the petitioners and they failed to discharge the onus, the Trial Court as well as the appellate Court, instead of giving a short shrift to the matter, should have summoned the revenue authorities for the purpose of procuring a demarcation report pertaining to the property in issue ---Most important document being a decisive bearing on the matter was the demarcation report of the suit property, which ought to have been carried out and produced before the Trial Court so as for the appellate Court to see whether respondents were actually occupying the suit property as being claimed by the petitioners or whether they were occupying some property situated in abadi Deh which was different from the suit property---If the property was situated in abadi Deh then there was no question of acquiring exclusive ownership---Correct way for the Trial Court or even the appellate Court was to have summoned the revenue authorities and ordered for the production of a demarcation report or for that matter order for the production of Shajra abadi and Khasra abadi records but Trial Court as well as appellate Court failed to do which omission had caused a serious miscarriage of justice---Revision was allowed, with direction that the suit filed by the petitioners shall be deemed to be pending before the Trial Court which shall decide the same accordingly.

RIASAT ALI vs YASEEN S — 2022 MLD 1825 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 MLD