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FIAZ AHMAD vs MUHAMMAD RIZWAN S — 2022 YLR 1616 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1616 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
FIAZ AHMAD vs MUHAMMAD RIZWAN S
Subject matter
Criminal
Provisions referred to
S. 9---; S. 52---S; Punjab Land Revenue Act (XVII of 1967)

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

FIAZ AHMAD VS MUHAMMAD RIZWAN S. 9--- Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Punjab Land Revenue Act (XVII of 1967), S. 52---Suit for possession was filed by respondents claiming that they had possession of suit land since long; that their names were mentioned in revenue record; that prior suit of respondents for permanent injunction was disposed of on the statement of counsel for one of the petitioners that petitioners and others armed with weapons illegally/ forcibly occupied the suit land; that FIR was lodged against them---Suit was dismissed by Trial Court---Respondents' appeal was allowed by District Court---Petitioners contended that name of respondent was mistakenly mentioned in some previous revenue record; that entries of said record were corrected on application of petitioners; that petitioners were in possession of the suit land form the very beginning and the land under the possession of respondents was some other portion adjacent to suit land---Validity---Possession of respondents was clear from admission of one of the petitioners and his counsel in prior suit filed by the respondents that they would not dispossess the respondents without due course of law---Court document had authenticity in the eye of law---Name of respondents were appearing in the column of possession in last jamabandi---Procedure was not adopted while making entries in revenue record of rights---Revenue Officer was not produced as witness---Court could presume about the regularity of the official acts performed by the Revenue Officer and not that the same were performed correctly as well---Respondents had proved that they were dispossessed from the land without their consent---First Information Report was a vital document to prove the said claim---Constitutional petition was dismissed accordingly.

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