Citation Name: 2023 CLC 1846 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL RASHEED vs PROVINCE OF THE PUNJA

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Citation Name: 2023 CLC 1846 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL RASHEED VS PROVINCE OF THE PUNJAB Ss.8 & 42---Suit for recovery of immovable property---Judgment at variance---Effect---Local Commission, report of---Significance---Petitioner / plaintiff claimed to be owner of suit land and remained successful against predecessor-in-interest of respondents / defendants up to Board of Revenue---Trial Court decreed the suit in favour of petitioner / plaintiff but Lower Appellate Court reversed the findings of Trial Court and allowed appeal filed by respondents / defendants---Contention of petitioner / plaintiff was that Lower Appellate Court decided the matter only on the basis of report of Local Commission---Validity---Local Commission was appointed for aid of Court to arrive at a just conclusion and authenticity of report submitted by Local Commission could not lightly be ruled out especially when parties concerned failed to assail its validity by filing substantial objections convincing the Court to discard report of Local Commission---When verdicts of Courts below were at variance, preference was to be given to findings of Lower Appellate Court---To fortify its findings, Lower Appellate Court referred to specific portions of statement of the petitioner / plaintiff recorded as witness during evidence---High Court declined to interfere in judgment and decree passed by Lower Appellate Court as contention urged by petitioner / plaintiff carried no weight---Petitioner / plaintiff was at liberty to institute proceedings before appropriate forum to get demarcated the suit land---If respondents / defendants would raise any construction impeding access of petitioner / plaintiff to suit land, he was within his right to approach the forum concerned for redressal of his grievance---Revision was dismissed, in circumstances.

Citation Name: 2023 CLC 1846 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL RASHEED vs PROVINCE OF THE PUNJAB Ss — 2023 CLC 1846 LAHORE-HIGH-COURT-LAHORE

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