ZAFAR IQBAL vs MUHAMMAD RAFIQ Ss — 2024 SCMR 1791 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ZAFAR IQBAL VS MUHAMMAD RAFIQ Ss. 42, 54 & 55---Suit for declaration, permanent and mandatory injunction---Shamlat land---Claim of ownership---Proof---Plaintiffs were claiming exclusive ownership of the suit land primarily on the basis of their alleged possession without specifying/explaining the nature/status of their alleged possession---Plaintiffs further based their claim upon the statements made by four shareholders on 14 April 1938 in favour of predecessors of the plaintiffs with regard to the suit land---Admittedly statements in writing of those four shareholders were not available on record---Neither the said four shareholders nor their successors had ever affirmed those statements before any forum---In the Roznamcha dated 14 April 1938 neither any reason nor any specification or measurement of the area of Shamlat Deh for its exclusion from the partition had been mentioned---Said vague Roznamcha did not mention as to on what basis the unspecified portion of Shamlat Deh had to be declared as ownership of predecessors of the plaintiffs---Counsel for the plaintiffs failed to explain as to how merely on the basis of their alleged possession, the plaintiffs could be declared as owners of the suit land---Trial Court as well as the Appellate Court had rightly dismissed the suit of the plaintiffs by passing speaking and well-reasoned judgments---By decreeing the suit vide impugned judgment, the High Court had erred in facts as well as in law---Appeal was allowed, and the impugned judgment of High Court was set aside with the direction that the plaintiffs were at liberty to approach the revenue forum for redressal of their grievance, if any, in accordance with law.

ZAFAR IQBAL vs MUHAMMAD RAFIQ Ss — 2024 SCMR 1791 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR