KHUSH MURAD vs MALANG JAN arts — 2022 YLR 1466 Gilgit-Baltistan Chief Court

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KHUSH MURAD VS MALANG JAN arts. 117 & 118---Civil Procedure Code (V of 1908), O. XLI, R. 31---Shajra akas---Suit for declaration and permanent injunction filed by respondent on grounds that he was the owner in possession of the suit land; that he had developed some portion of suit land; that he intended to construct compound wall but defendants were trying to interfere in the construction work---Suit was dismissed by the Trial Court---appellate Court accepted the respondent's appeal---Petitioners/defendants contended that they were in possession of suit land from the date of purchase and constructed residential house on the suit property; that impugned judgment/decree of the appellate Court was perverse, absurd and ambiguous---Respondent contended that suit land came in the share of this father while distribution of barren land in year 1977 and that petitioners had failed to prove the sale of said land by his father to them---Validity---Respondent was bound to prove his title and possession on the suit land to obtain an executable decree---Trial Court recorded findings on two issues which were most important for determination of respondent's/plaintiff's title and possession on the suit land in negative after sound/correct appraisal of evidence---Plaintiff as witness stated that the suit land was given to him in the year 1977 as his share being head of his house but on the same breath stated that his father and brother were also present during partition of common lands---Respondent admitted that said land was barren and he could not develop the same as he left the locality long ago---Patwari as defendant deposed that in presence of 15 persons he demarcated plots in the locality and when the dispute arose between parties, he went on the spot, called the father of respondent who identified the boundary of his land and said that he had sold the suit land to the father of the petitioners---In cross-examination, he categorically denied of any list prepared by the people and presented to him---Document exhibited by respondent as a list of shareholders was not a Shajra akas prepared by the revenue officials, neither the same was signed nor rectified by the revenue official---Such a document could not be relied as piece of evidence---Parentage of people in the list was reflected as unknown---Tehsildar Halqa with record admitted that in the actual record of the said list, the relevant serial numbers were tampered and there was difference between the actual record and that exhibited in the Court---Documentary/ oral evidence was not sufficient to prove the ownership and possession of the respondent---Petitioners had established that the disputed property was under their possession and they had constructed house on the same---appellate Court failed to apply its judicious mind while framing the points of determination---Revision petition was allowed accordingly.

KHUSH MURAD vs MALANG JAN arts — 2022 YLR 1466 Gilgit-Baltistan Chief Court

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