Dr. KHUSHAL vs LEELA RAM Ss — 2024 MLD 356 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 356 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Dr. KHUSHAL vs LEELA RAM Ss
Subject matter: Civil

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

Dr. KHUSHAL VS LEELA RAM Ss. 42, 8 & 54---Suit for declaration, possession and permanent injunction---Encroachment or neighbour's plot---Suit was decreed by the Trial Court, whereas the appeal and revision were dismissed---Execution petition was allowed and appeal thereagainst was also dismissed---Validity---Trial Court appointed a commission who opined that defendants were in possession of an area of 2,245 sq. feet instead of 2,150 sq. feet---City survey sheet of both the plots reflected that the petitioners being owner of plot No.869 had extended their plot boundaries to an area of 4-1 x 17-2 sq. feet from the respondent's plot No.870---In fact, the petitioners claimed that they were not given their area in toto and they had adjusted it from the neighbour's plot---Such assertion of the petitioners, at the face of it, appeared to be illegal and vandalizing---If the petitioners felt that their accurate area had not been given to them, they could have approached the concerned authorities for redressal of their grievance, rather than eating a slice out of land from their neighbours' plot---No one could be a judge, jury and executioner at the same time nor one could be judge in his own case---Site map clearly showed boundaries of both the plot Nos. 869 and 870 and clearly reflected that a piece of plot No. 870 had been encroached by plot No. 869---Revision application was dismissed.

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