AHLIYAN-E-PISSAN vs FIDA ALI Ss — 2023 MLD 2011 Gilgit-Baltistan Chief Court

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AHLIYAN-E-PISSAN VS FIDA ALI Ss. 42 & 54---Suit for declaration and permanent injunction---Claim of the plaintiffs was that they were bona fide owners-in-possession of the suit-property---Suit was concurrently decreed in favour of plaintiffs---Validity---Record revealed that the respondents/plaintiffs had produced three witnesses who were residents of the village, the petitioners/defendants hailed from---Said witnesses had unequivocally stated in their statements that the respondents / plaintiffs were owners of suit-property and even they had taken stones from suit-property with their (respondents') permission for construction of different projects; and the petitioners/defendants had not been able to shatter said statements in the cross-examination---On the contrary, the petitioners/ defendants had failed to produce impartial reliable oral as well as documentary evidence in support of their contentions raised in their statements---Chief Court maintained the impugned judgments and decrees passed by both the Courts below --- Revision was dismissed , in circumstances. Head NotesCase Description Citation Name: 2023 MLD 2011 Gilgit-Baltistan Chief CourtBookmark this Case AHLIYAN-E-PISSAN VS FIDA ALI S. 115---Concurrent findings---Revisional jurisdiction of the Chief Court---Scope---Validity---When the findings recorded by the Trial Court and the Appellate Court were concurrent; howsoever erroneous, such findings could not be interfered with by the Chief Court in exercise of its revisional jurisdiction under S. 115 of the Civil Procedure Code, 1908, unless such findings suffered from controversial defects---Chief Court maintained the impugned judgments and decrees passed by both the Courts below---Revision was dismissed, in circumstances. Head NotesCase Description

AHLIYAN-E-PISSAN vs FIDA ALI Ss — 2023 MLD 2011 Gilgit-Baltistan Chief Court

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