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Initializing Secure Chambers
Petitioner: WAHEED SHAH AND OTHERS VS Respondent: Haji SHAHZADA AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Haleem Title: WAHEED SHAH AND OTHERS vs Haji SHAHZADA AND OTHERS Case No.: Civil Petition No, 583-R of 1983 Date of Judgment:1983-10-21 Reported As: 1984 SCMR 12 Result: Petition dismissed
Judgment ORDER ORDER ' MUHAMMAD HALM, ALI G. C. J.-The dispute in this petition relates to the title of the property in suit. This petitioners claimed that either they were the owners by adverse possession or in the alternate it was their ancestral property. This plea was raised by the petitioners in the context of the document Exh. 1/2 dated 1st October, 1967, wherein there is a recital that the suit land was given to Sultan, a defendant himself and the father of the other defendants on batai. It was duly proved by the scribe and a marginal witness Shaheryar. Courts below on its basis and that of the oral evidence held against the petitioners. It is now urged before us that as the boundaries were not mention in this document, it could not be said to refer to the suit land. This objection is baseless as it is of common knowledge that there has been no settlement in the area and it could not refer to any other land except that which was in dispute. This deficiency could not be regarded as fatal, and if, at all, there was any lacuna in the description of the property that was made good by the oral testimony. ' In this view of the matter, as all the Courts have concurrently held against the petitioners, we do not see any reason to disturb the finding. The petition is, accordingly, dismissed.
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