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Lal Zada vs Bakht Afsar Ss — 2024 MLD 839 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 839 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Lal Zada vs Bakht Afsar 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

Lal Zada VS Bakht Afsar Ss.54 & 55---Permanent and mandatory injunction---Drainage watercourse---Easement, right of---Respondent/ plaintiff approached the Trial Court through a lis for permanent/mandatory injunction to the effect that he and proforma defendants Nos. 3 & 4 were owner in possession of the suit property and petitioners/defendants had no right whatsoever to interfere in his possession by way of using it for drainage---Petitioners/defendants contested the claim of plaintiff and contended that they were using the land of plaintiff for drainage of waste water as easement right---Trial Court decreed the suit of the plaintiff---Appellate Court dismissed the appeal---Petitioners assailed the concurrent findings of Courts below---Held, that respondent/plaintiff was owner in possession of the subject property to the extent of his share---Factum of his ownership had been admitted by the petitioner/defendant in his written statement---Moreso, the commission report as well as the revenue record further supported ownership of the respondent/plaintiff, as such, to this extent, there was no dispute at all---Record showed that an alternate drainage watercourse was available to the petitioner, as such, the pre-requisite conditions for acquisition of easement right had not been fulfilled, therefore, on the basis of evasive statement of using the subject property for drainage since long, the petitioner could not claim easement right---Revision petition was devoid of any merit, which was dismissed in limine.

Other judgments reported in 2024 MLD

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