FATEH MUHAMMAD vs DILSHAD AHMED S — 2023 YLRN 11 LAHORE-HIGH-COURT-LAHORE

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FATEH MUHAMMAD VS DILSHAD AHMED S.8---Civil Procedure Code (V of 1908), O.XLI, R.23---Suit for recovery of possession of immovable property---Remand of proceedings---Principle---Concurrent findings of facts by two Courts below---Respondent/plaintiff sought recovery of possession of suit shop on the plea that petitioner/ defendant failed to pay balance amount and agreement to sell stood cancelled---Suit was concurrently decreed by Trial Court and Lower Appellate Court in favour of respondent/plaintiff---Validity---Suit under S. 8 of Specific Relief Act, 1877 could only be filed by persons who were eligible or qualified under law to seek possession of immoveable property in question---Both the Courts below without trying to discover nature of property or for that matter ownership of property in question or even its entitlement, simply proceeded on the basis of bald and baseless presumption---High Court in exercise of revisional jurisdiction was not bound to enter into merits of evidence or for that matter of the case or controversy involved---Where concurrent findings of fact were perverse and result of material irregularity inasmuch as jurisdiction vesting in courts below was not exercised, High Court could remand the matter to courts below---High Court was not to indulge in fact finding exercise itself or even in exercise rooted in discovering facts that had crucial bearing on controversy to be so resolved---High Court in exercise of revisional jurisdiction set aside judgments of two Courts below and remanded to the matter to Trial Court for decision afresh---Revision was allowed accordingly.

FATEH MUHAMMAD vs DILSHAD AHMED S — 2023 YLRN 11 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported