Syed MUHAMMD QASIM vs SHAMOON S — 2023 YLR 1940 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1940 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Syed MUHAMMD QASIM vs SHAMOON S
Subject matter: Criminal
Provisions referred to: S. 9---C; S. 9; Civil Procedure Code (V of 1908); Civil Procedure Code; Specific Relief Act

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

Syed MUHAMMD QASIM VS SHAMOON S. 9---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for recovery of possession--- Maintainability---Petitioners/defendants moved application under Order VII, Rule 11 of Civil Procedure Code, 1908---Trial Court dismissed the suit declaring the same as not maintainable, however, Appellate Court accepted revision moved by the respondents/plaintiffs---Contention of the petitioners/defendants was that the respondents/plaintiffs, being co-sharers, could only file a suit for partition---Validity---Record revealed that the respondents/plaintiffs, being co-sharers, were in possession of land who were dispossessed by the petitioners/ defendants---High Court observed that the respondents/plaintiffs could file suit for recovery of possession under S.9 of the Specific Relief Act, 1877 and the Trial Court could adjudicate the dispute between the parties by allowing them to produce oral as well as documentary evidence---No illegality or infirmity having been found in the impugned judgment passed by the appellate Court declaring the suit of the respondents / plaintiffs maintainable---Constitutional petition was dismissed, in circumstances .

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