LAL BADSHAH AND 5 Others vs SOHAIL KHAN — 1970 SCMR 565

Citation: 1970 SCMR 565

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-28

Parties: LAL BADSHAH AND 5 Others vs SOHAIL KHAN

Headnotes

Case cited as 1970 SCMR 565

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: LAL BADSHAH AND 5 Others vs SOHAIL KHAN Case No.: Civil Petition for Special Leave to Appeal No. 5-P of 1970 R. S. A. No. 191/69 Date of Judgment:1970-03-28 Reported As: 1970 SCMR 565 Result: Petition dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-The petitioners Nos. 1 to 4 and 6 and Ashoor Khan, the predecessor-in-interest of the petitioners Nos. 5 (a) and 5 (b) were the defendants in a suit brought by Sohail Khan, the respondent herein. The suit was one for a declaration that the plaintiff as a co-sharer is in possession of the land measuring 37 kanals and 3 marlas bearing Khasra No. 808/492 in village Kamar, Tehsil Kohat, which is part of the village shamilat and for a further declaration that the defendants have no right to interfere with the possession of the plaintiff. The plaintiff also prayed for an injunction restraining the defendants from interfering with his possession and for demolition of the structure alleged to have been erected by the defendants on a part of the land. Both the Courts of fact arrived at a concurrent finding that the plaintiff, though a co-sharer, has been in exclusive physical possession of the disputed land and that the defendants were completely out of possession. On this finding, the trial Court passed a decree in the suit in favour of the plaintiff, and this was affirmed on appeal. The defendants then filed a Regular Second Appeal in the Peshawar…

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