1995 PLP 979 (SCMR)
ALLAH DITTA and 2 others‑‑‑Petitioners Versus DAULAT BIBI and 3 others‑‑‑Respondents
| Citation | 1995 PLP 979 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry and Saleem Akhtar, JJ |
| Parties | ALLAH DITTA and 2 others‑‑‑Petitioners Versus DAULAT BIBI and 3 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1995 PLP 979 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 979 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 979 (SCMR) (ALLAH DITTA and 2 others‑‑‑Petitioners Versus DAULAT BIBI and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Abdul Wahid, Advocate Supreme Court and Rana Maqbool Ahmad Oadri, Advocate‑on‑Record (absent) for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th May, 1994.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 9‑12‑1992 passed in C.R.355/19841 Dispute as to ownership of property‑‑ ‑‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider contention of defendants that plaintiffs having claimed ownership of property in question, were bound to prove the same; that in the plaint, particulars of property with reference to house number or Khasra number were not mentioned; and that description given by them was completely different and contrary to what had been stated in plaint.
Judgment & Decree
SALEEM AKHTAR, J.‑‑‑The petitioners seek leave to anneal against the judgment of the learned Judge in Chambers whereby the revision application filed by them was dismissed.
2. The respondents filed a suit for permanent injunction restraining the petitioners from interfering with the property in their possession. In the suit it was claimed that they are the owners in possession of a house particulars of which were mentioned in para 2 of the plaint, but no Khasra number was given. It was alleged that they have been in possession for the last 80 years. In 1973 during floods the house was raised to the ground. Before that the respondents had rented out the house to Muhammad Hussain and Allah Dad who had installed a floor mill, but removed it after the flood. Thereafter, the respondents got the house repaired and placed about 5,000 bricks and other material therein and have been in possession thereof. As the petitioners were interfering with their possession, the suit was filed. This suit was dismissed, but in appeal the judgment and decree of the trial Court was set aside and the case was remanded for re hearing. After the remand the suit was again dismissed against which the respondents filed an appeal, which was allowed and the suit was decreed. The petitioners then filed revision application, which was dismissed by the impugned judgment.
3. The learned counsel for the petitioners contended that the respondents having claimed the ownership of the property, were bound to prove it. He contended that in the plaint, the particulars of the property with reference to the house number or Khasra number have not been mentioned. They have only given description, but in evidence the description given by the petitioners is completely different and contrary to what has been stated in the plaint. Leave is granted. AA./A‑1180/S Leave granted.