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NASEER KHAN vs NISAR KHAN Ss — 2025 CLC 801 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLC 801 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLC
Parties
NASEER KHAN vs NISAR KHAN 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

NASEER KHAN VS NISAR KHAN Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 129 (e)---Suit for declaration and injunction---Judgments at variance---Collusion between defendant and authorities alleged---Proof---Official acts---Presumption---Respondent/plaintiff claimed to be owner of suit plots and alleged that his real brother applicant/defendant sought leases of certain plots in his name in collusion with authorities, after getting leases cancelled from his name---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondent/plaintiff---Validity---Collusion between applicant/defendant and authorities was not proved, therefore, presumption under Art. 129 (e) of Qanun-e-Shahadat, 1984 was applicable that official act had been regularly performed---Leases in favour of applicant/defendant were given by authorities as per rules and procedure---Rent cases filed against respondent/plaintiff and different tenants were decided in favour of applicant/defendant and judgment passed by High Court was in field---Lower Appellate Court did not exercise jurisdiction properly and reached a wrong conclusion by misreading evidence which was beyond the parameters of law---High Court set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in, circumstances.

Other judgments reported in 2025 CLC

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