REHMATULLAH vs NASEER AHMED Ss — 2023 CLC 115 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 115 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: REHMATULLAH vs NASEER AHMED Ss
Subject matter: Civil
Provisions referred to: S. 2; Civil Procedure Code (V of 1908); Balochistan Tenancy Ordinance

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

REHMATULLAH VS NASEER AHMED Ss.42 & 54---Civil Procedure Code (V of 1908), S.2(9) & O.XX, R.5---Suit for declaration and permanent injunction---Court to state its decision on each issue---Scope---Petitioners filed a suit for declaration and permanent injunction against the respondents claiming therein that they were owners in possession of suit property but the respondents were interfering in their possession---Claim of respondents was that they were in possession of a part of property since the time of their ancestors; that they were regularly paying cesses of property and that their rights were protected under the Balochistan Tenancy Ordinance, 1978---Trial Court dismissed the suit---Appellate Court declared the petitioners as owner of property and respondents as possessor of property in question---Validity---Oral and documentary evidence produced by the petitioners was not taken into consideration by the Trial Court---Respondents had produced a private decision/document, which was not worth of a proof as per the law, but the decision was given outright weightage---Such evidence had no legal sanctity as per the law; thus as per S. 2(9) of C.P.C., the decision of Trial Court could not be termed as a "judgment" neither the mandatory provision of O.XX, R.5, C.P.C. was complied with by the Trial Court---Report prepared by revenue official was neither taken into consideration nor any findings were recorded in that respect---Appellate Court had not discharged its judicial responsibilities as per the provision of law---Revision petition was accepted and the matter was remanded to Trial Court for framing of additional issues and decision on merits.

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