Citation Name: 2024 YLR 201 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sh. LIAQAT ALI vs GHULAM AKBAR (decease

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Citation Name: 2024 YLR 201 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sh. LIAQAT ALI VS GHULAM AKBAR (deceased) Ss. 8 & 42---Suit for declaration and recovery of possession---Registered sale deed---Plea of fraud---Both the parties were claiming their title with possession in two different Khata numbers and khasra numbers with regard to same suit property---Stance of the petitioners was that respondents Nos.2 and 3 got the decree from Khata No.275, Khatuni No.352, Khasra No.52/40 measuring 16 Marlas from the Civil Court but got the possession of the property owned and possessed by the petitioners which was situated at Khata number 279/274, Khasra No.52/41 measuring 12 Marlas---Although, both the Courts below at one hand acknowledged ownership and possession of the petitioners over Khata No.279/274, Khasra No.52/41 but in the same breath denied their ownership and possession over the suit property---Respondents Nos. 2 and 3 instituted a suit for recovery of possession with regard to plot measuring 21 Marlas situated in Khasra No. 52/40, consisting of land measuring 02 kanals and 06 Marlas against Respondents Nos. 4 and 5---During the pendency of said suit, respondents Nos. 2 and 3 reached a compromise with Respondents Nos. 4 and 5 and on the basis of said compromise respondents Nos. 4 and 5 agreed to surrender the land measuring 16 Marlas and in that regard a map was prepared and produced before the Court as Exh. C.1---Evident from the record that petitioners were owner in possession of Khata No.279/274 bearing Khasra No.52/41 measuring 12 Marlas---Respondents Nos. 2 and 3 instituted the suit for recovery of plot according to map and shown points as Alif, Bay, Jeem and Daal---Said plot was mentioned in compromise deed as Exh.C.1.---Suit plot was quite different from the plot owned by petitioners---When written statement and report of bailiff was read in juxtaposition, it appeared that initially respondents Nos.2 and 3 got the possession of decreed suit plot and then forcibly snatched the possession of petitioners from his tenant---Petitioners proved their ownership and possession through volumed documentary evidence---However, it was the duty of respondents No.2 & 3 to bring on record that they got possession of the land as per compromise deed Exh.C.1 but after scanning of the evidence produced by the respondents it appeared that respondents badly failed to prove that they got the possession only of decreed land measuring 16 Marlas from Khata No.275, Khatuni No.352 bearing Khasra No.52/40 as per map (Exh.C.1)---Courts below were much impressed with the fact that respondents Nos. 4 and 5 were also owners of the land in Khasra No.52/41 but failed to consider that respondents Nos. 2 and 3 in their suit claimed possession from the Khasra No.52/40 and not from Khasra No.52/41---Said respondents were not entitled to get possession from Khasra No.52/41---Respondent No.1 failed to establish on record his lawful entitlement and possession over the suit property---Neither any title deed was present in his favour nor he proved on record that how he got the possession---Revision petition was allowed by setting aside the impugned judgments and decrees and suit instituted by the petitioner was decreed, in circumstances.

Citation Name: 2024 YLR 201 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sh. LIAQAT ALI vs GHULAM AKBAR (deceased) Ss — 2024 YLR 201 LAHORE-HIGH-COURT-LAHORE

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