Province of Punjab through Collector, District Sialkot vs Mst — 2024 YLR 2722 LAHORE-HIGH-COURT-LAHORE

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Province of Punjab through Collector, District Sialkot VS Mst. Sughran Bibi Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 72 & 130---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Concurrent findings of facts by two Courts below, setting aside of---Misreading and non-reading of facts and law---Documentary evidence---Proof---Evacuee property---Respondents / plaintiffs claimed to be owners of suit property which had been mortgaged in favour of their predecessor-in-interest by non-Muslim evacuee owner---Trial Court and Lower Appellate Court concurrently decreed the suit and appeal in favour of respondents / plaintiffs---Validity---All documentary evidence was produced on behalf of respondents/plaintiffs by their counsel in his statement---Documents relied upon should be produced in evidence by a party in its own statement so that the adverse party could have a fair opportunity to cross-examine the same---Documents produced by counsel of respondents / plaintiff lacked intrinsic value---High Court excluded such documents from consideration---Where a property, rightly or wrongly, is treated to be an evacuee property, such treatment of property can only be assailed through proceedings before Custodian of Evacuee Properties---Courts below did not take into consideration the evidence nor furnished any well-reasoned findings and committed misreading and non-reading of the evidence---Both the Courts below failed to apply correct law which was not sustainable in the eyes of law and was liable to be set-aside---High Court under S.115, C.P.C., has jurisdiction to interfere in perverse concurrent judgments and decrees of lower fora---Land in question was a public asset and Courts of law are custodian of public properties and public interest, and while dealing with matters relating to such properties/assets or interests, it is inalienable obligation of the Courts to be very careful and cautious and assure itself to the extent of certainty that no foul is being played with the State assets---High Court in exercise of revisional jurisdiction set aside judgments and decrees passed by two Courts below and dismissed the suit filed by respondents/ plaintiffs---Revision was allowed accordingly.

Province of Punjab through Collector, District Sialkot vs Mst — 2024 YLR 2722 LAHORE-HIGH-COURT-LAHORE

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