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MUHAMMAD AZRAM vs MUHAMMAD ALTAF S — 2024 CLC 1137 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1137 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD AZRAM vs MUHAMMAD ALTAF S
Subject matter
Civil
Provisions referred to
S. 42---S

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

MUHAMMAD AZRAM VS MUHAMMAD ALTAF S. 42---Suit for declaration---Judgments at variance---Declaration without possession---Effect---Petitioner / plaintiff claimed to be owner in possession of suit land and sought cancellation of mutations attested in favour of respondent / defendant---Trial Court decreed the suit in favour of plaintiff but Lower Appellate Court dismissed the same---Validity---Petitioner asserted that he was in possession of suit land but he in his statement conceded that possession of suit land was with respondent / defendant---Petitioner / plaintiff was precluded to claim decree of declaration as owner of suit land unless relief of possession was sought---Relief of declaration is an equitable and discretionary relief---Petitioner / plaintiff twisted some material facts and produced only anecdotal evidence in support thereof which made him ineligible to claim relief of declaration---Lower Appellate Court rightly interfered with judgment passed by Trial Court---High Court in exercise of revisional jurisdiction declined to interfere in the matter as petitioner / plaintiff failed to point out any illegality or material irregularity in judgment passed by Lower Appellate Court---Revision was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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