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Petitioner: IMAM ALI VS Respondent: MUHAMMAD DIN and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: IMAM ALI vs MUHAMMAD DIN and others Case No.: Civil Petition No,321 of 1981 Date of Judgment:1988-07-12 Reported As: 1989 SCMR 960 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant against the dismissal of his Civil Revision by the High Court. It had arisen out of a decree passed against him in a suit filed by the respondents' side regarding two easements a street passage and drainage of water. ' The respondents' property vis-a-vis which the existence of these easements has been accepted, was evacuee. According to the learned counsel, the petitioner's property also was evacuee. According to him originally they all formed one unit but were transferred to different parties under the Displaced Persons (Compensation & Rehabilitation) Act, 1958. ' Learned counsel has contended: that the respondents could not be granted any decree under the law of Easements because both the properties were at one time evacuee; that there was no determination of the "dominant" and "subservient" property; and, that it could not be treated as a case of easement of necessity. None of the arguments has any force. Law of Easements, it is well settled now, is being applied to the evacuee properties transferred under the Settlement Laws. The second argument has also no force because according to the findings reached by all the learned Courts below, the dominant and subservient nature of the relevant properties has clearly been established in this case. The last B argument is without any factual basis. There is no finding of fact in the impugned judgment in favour of the petitioner's contentions. ' Leave to appeal accordingly is refused.