KHANUN vs MATHELA AND ANOTHER — 1970 PCRLJ 480

Citation: 1970 PCRLJ 480

Court: Lahore High Court

Year: 1969

Decision Date: 1969-06-30

Parties: KHANUN vs MATHELA AND ANOTHER

Headnotes

Case cited as 1970 PCRLJ 480

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: KHANUN vs MATHELA AND ANOTHER Case No.: Criminal Revision No. 1484 of 1967 Date of Judgment:1969-06-30 Reported As: 1970 P Cr. L J 480 Result: Order accordingly JUDGMENT JUDGMENT This is a reference under section 435, Cr. P. C. By the learned Sessions Judge, Gujranwala in which recommendation has been made that the order, dated 20th February 1967, passed, under section 145, Cr. p. C., by a learned Magistrate 1st Class, Gujranwala, whereby the possession of the house in dispute has been ordered to be delivered to Matbela (respondent No. 1), be set aside and the possession be ordered to be delivered to Khanun petitioner. 2. Briefly, the circumstances leading up to the present petition are that the house in dispute is claimed to have been purchased, on 9th October 1965, by Khanun, by means of an alleged deed of transfer (Exh. D. A.) from one Taja. On the other hand, Mathela claims the ownership of the house in dispute on the basis that it is ancestral qua him and belongs to him. It appears that the house was in constructive possession of Mathela, when on the basis of the alleged purchase mentioned above Khanun broke open a wall of that house and put in some articles of daily use. On 8th March 1'966, it is alleged by Mathela, Khanun tried to take forcible possession by opening the walland dueto that a fight took place in which Mathela was injured, as a consequence of which a case under sections 326/149, 148,…

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