Nargis Bibi (widow) vs Muhammad Amin Ss — 2024 YLR 2342 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2342 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Nargis Bibi (widow) vs Muhammad Amin 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

Nargis Bibi (widow) VS Muhammad Amin Ss. 42 , 12 & 39 ---Suit for declaration, cancellation of registered sale-deed and recovery of possession---Declaration of title to the suit property, sought---Relevant evidence, non-production of---Title document , non-production of---Effect ---Defendant filed revision as the suit filed by the plaintiff was concurrently decreed ---Claim of the plaintiff was that on account of his travel to other city, in his absence, allegedly occupation of the suit property was unlawfully taken by the predecessor-in-interest of the petitioners and illegal construction was raised thereon and upon confrontation, the rent was settled between the parties for the occupation thereof---Validity---In his suit for declaration along with recovery of possession, respondent / plaintiff mentioned/claimed about his absence fromcity / residence(location of suit-property i.e where the suit property was situated) but none of said assertions were proved when the evidence was led and recorded---Such fact also raised a serious doubt about the veracity of the claim of respondent / plaintiff that suit property belonged to him and was fraudulently occupied by the petitioners / defendants in addition to the fact that original title document (PTD) was not brought on record---Concurrent findings of were set aside being based on misreading evidence---Civil revision, filed by the defendants , was allowed accordingly.

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