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---Local commission , findings of---Scope and effect---Defendant filed revision as the suit filed by the plaintiff was concurrently decreed---Held, that record revealed that a Local Commission was appointed to ascertain the location of suit-shop and report rendered by the said Commission had been relied and believed by the Courts below although author of the report never appeared before the Trial Court---Admittedly, no permission was obtained from the Trial Court in accordance with law by respondent /plaintiff to lead secondary evidence in said regard---Even otherwise, perusal of the report revealed that the same was not comprehensive, rather unilateral and did not depict any observation in relation to the suit property in possession of the petitioners qua the registered sale deed in favour of the predecessor-in-interest of the petitioners and hence, did not constitute a reliable and conclusive piece of evidence that could form basis of passing of declaratory decree etc., in favour of respondent / plaintiff ---Concurrent findings were set aside being based on misreading of evidence---Civil revision, filed by the defendants , was allowed accordingly.

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