1992 PLP 1331 (MLD)
SARDAR SHAH (deceased) through legal representatives and others‑‑‑Petitioners Versus ABBAS ALI SHAH and others‑‑‑Respondents
| Citation | 1992 PLP 1331 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Ilyas, J |
| Parties | SARDAR SHAH (deceased) through legal representatives and others‑‑‑Petitioners Versus ABBAS ALI SHAH and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1992 PLP 1331 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1331 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Ilyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1331 (MLD) (SARDAR SHAH (deceased) through legal representatives and others‑‑‑Petitioners Versus ABBAS ALI SHAH and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Zamir Hussain Tirmzi for Petitioners.
- Muhammad Ilyas for Respondents.
- Date of hearing: 2nd February, 1992.
Headnotes / Summary
Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑S.115‑‑‑Revision‑‑‑Parties agreed that judgments and decrees passed by two Courts below could be set aside and case remanded for fresh decision by Trial Court which would allow plaintiffs/petitioners to amend their plaint and after getting the same amended, would allow parties to produce additional evidence‑‑‑Parties also agreed that if it was ultimately found that plaintiffs/petitioners had not become owners of disputed land through adverse possession, they would hand over possession of disputed land‑‑‑High Court accepting revision ordered accordingly.
Judgment & Decree
Learned counsel for the parties agree as follows:‑ (i) Judgments and decrees passed by the two Courts below may be set aside and the suit remanded to the learned Trial Court for fresh decision. (ii) Before deciding the case afresh, the learned Trial Court shall allow a reasonable opportunity to the petitioners (plaintiffs) to amend their plaint so as to plead ownership on the basis of adverse possession and then allow a similar opportunity to the respondents to file an amended written statement. (iii) After getting amended pleadings, the learned Trial Court shall allow the parties to produce additional evidence on the question of adverse possession and then decide the suit afresh. (iv) If it is ultimately found that the petitioners have not become owners of the disputed land through adverse possession, they shall hand over the possession of the land on which their adverse possession is not established, to the respondents without any hesitation on their part. (v) Parties may be left to bear their own costs.
2. Order accordingly.
3. Parties shall appear before the learned Trial Court on 27th February, 1992. H.B.T./S‑72/L Order accordingly.