MUHAMMAD AHMED SHAIKH vs SHABBIR AHMED S — 2025 SCMR 1670 SUPREME-COURT

Case information

Citation: 2025 SCMR 1670 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD AHMED SHAIKH vs SHABBIR AHMED S
Subject matter: Civil
Provisions referred to: S. 8---R; S. 17---C; S. 115---S; Registration Act (XVI of 1908); Civil Procedure Code (V of 1908)

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

MUHAMMAD AHMED SHAIKH VS SHABBIR AHMED S. 8---Registration Act (XVI of 1908), S. 17---Civil Procedure Code (V of 1908), S. 115---Suit for possession---Concurrent findings of facts by two Courts below---Reversal---Principle---Registered sale deed---Presumption---Suit for possession of suit property filed by appellants / plaintiffs was decreed in their favour and appeal was dismissed by Lower Appellate Court---High Court in exercise of revisional jurisdiction set aside concurrent findings of facts by two Courts below---Validity---Registered instrument as a sale deed was a title of suit property and could not be ignored despite the fact that it was challenged belatedly by respondent / plaintiff and such challenge failed not only at trial stage but also at the Lower Appellate stage---Trial Court and Lower Appellate Court decided all questions based on material and evidence placed before them with well-reasoned justification to arrive at such conclusion and within their jurisdiction---Supreme Court set aside the order passed by High Court and restored that of the Courts below---Appeal allowed.

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