Abdul Aziz vs Ali Muhammad Shah Ss — 2026 YLR 1144 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 1144 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Abdul Aziz vs Ali Muhammad Shah Ss
Subject matter: Civil
Provisions referred to: 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

Abdul Aziz VS Ali Muhammad Shah Ss.8, 42 & 54---Civil Procedure Code (V of 1908), O.XLI, R.31---Suit for possession based on title---Competing title claims over evacuee property---Identity and existence of property---Courts below ordering demarcation of suit property---Scope---Briefly, the respondent instituted a suit for possession, mandatory injunction and permanent injunction regarding suit property asserting allotment of the property by the Settlement Department in 1968 as evacuee property; the applicants contested the suit on the basis of an earlier allotment in 1965 in favour of the father of applicant No. 1 and denied the respondent's title; Trial Court decreed the suit, the appeal thereagainst was dismissed, and the applicants thereafter filed the present civil revision against the concurrent judgments and decrees of the Courts below---Held: Courts below did not exceed their jurisdiction by ordering demarcation of the suit property as this was a necessary and ancillary relief to effectuate the decree for possession---Respondent's claim was primarily supported by valid allotment and transfer documents---Suit filed by respondent was maintainable and the respondent had successfully substantiated his entitlement to the suit property---Present civil revision was dismissed, in circumstances.

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