Disputed property

2011 YLR 1345 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 8Suit for possessionDisputed propertyLegal heirsEntitlementEffect

Plaintiff filed suit for possession, claiming to be son of 'A. H. ' who was owner of the disputed property and defendants had taken over possession of the said property from his father as lessee

Defendant contested suit on the ground that plaintiff was not son of 'A.H.' and they were living in the disputed property as owner of the same

Defendants also filed suit for declaration on the ground that plaintiff was not entitled for share in the disputed property as legal heir

Trial Court in consolidated judgment, dismissed the suit of the plaintiff and decreed the suit filed by defendants

Appellate Court, on appeal, allowed the same and modified the judgments and decrees to the effect that both parties were legal heirs of 'A.H.' and were entitled to their respective shares in the disputed property

Validity

Evidence produced by both parties showed that both were trying to prove that the deceased 'A.H.' was their predecessor-in-interest but were accusing each other

Evidence available on record showed that both parties were legal heirs of Disputed property left by 'A.H.' had to be distributed among his legal heirs

Defendants had failed to show any material irregularity and illegality in judgment of the Appellate Court

Revision petitions were dismissed by High Court.