PEER BUX alias PEERAL vs MUSHTAQUE AHMAD Ss — 2023 CLC 1933 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: PEER BUX alias PEERAL vs MUSHTAQUE AHMAD Ss
Subject matter: Civil
Provisions referred to: S. 115

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

PEER BUX alias PEERAL VS MUSHTAQUE AHMAD Ss. 39, 54 & 55---Suit for cancellation of document, mandatory and permanent injunction---Plaintiff filed a suit seeking the cancellation of a registered deed, revenue entries, damages, and both mandatory and permanent injunctions---Claim was based on the plaintiff's assertion of ownership over the suit property and the contention that the revenue entries in favor of the defendants were illegal---Plaintiff's case was based on the fact that his grandfather had sold his share of the land to them, which was recorded through a statement before the Mukhtiarkar and entered into the revenue record---Both the Trial Court and the Appellate Court decreed in favor of the plaintiff---Validity---Tapedar presented the entire record of the suit land dating back to 1952, showing that it had been recorded in the name of the defendants' vendor since that time---Subsequently, the vendor sold the suit land to the defendants in equal shares through a registered sale deed, and the necessary entries were recorded in Form VII-B---Tapedar further stated that there was no entry in the revenue record regarding the acquisition of the suit land by the plaintiff's grandfather---Courts below failed to properly appreciate the presented evidence, leading to a misreading and non-reading of the evidence presented by both parties---Therefore, it was deemed necessary for the High Court to intervene and exercise its revisional jurisdiction under S. 115, C.P.C---As a result, the impugned judgments and decrees were set aside, the suit was dismissed, and the revision application was allowed.

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