AMJAD ALI vs ANWAR SHAH Ss — 2025 SCMR 211 SUPREME-COURT

Case information

Citation: 2025 SCMR 211 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: AMJAD ALI vs ANWAR SHAH 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

AMJAD ALI VS ANWAR SHAH Ss.8, 42 & 54---Suit for possession, declaration and injunction---Adverse possession---Electricity bills---Proof of possession---Suit filed by predecessor-in-interest of appellants was decreed in his favour but Lower Appellate Court allowed appeal and suit was dismissed---Judgment and decree passed by Lower Appellate Court were maintained by High Court---Validity---Possession of suit property was with predecessor-in-interest of respondents/defendants who had electricity consumption meter in their name but the same did not bear any fruit for them and had no effect on merits of the case---Such entries could never be termed as equivalent to ownership---Predecessor-in-interest of appellants was owner of suit house and after his death, the appellants stepped into his shoes---Status of predecessor-in-interest of respondents was that of a tenant and thereafter, respondents had stepped into his shoes---Sale mutations were of no help to predecessor-in-interest of respondents and their possession of suit house was not less than that of a trespasser---Supreme Court set aside judgments and decrees passed by Lower Appellate Court and High Court as Trial Court had rightly granted decree in favour of appellants---Appeal was allowed.

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