SAID WALI vs AHMAD SAEED AND 5 Other — 1970 SCMR 623

Citation: 1970 SCMR 623

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-03

Parties: SAID WALI vs AHMAD SAEED AND 5 Other

Headnotes

Case cited as 1970 SCMR 623

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: SAID WALI vs AHMAD SAEED AND 5 Other Case No.: Civil Petition for Special Leave to Appeal No. 35-P of 1970 Date of Judgment:1970-04-03 Reported As: 1970 SCMR 623 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute in this case is about the use of a lane leading from the Bazar situated to the south of the houses of Ahmad Saeed and Hazrat Shah plaintiffs in village Yar Hussain of the Swabi Tehsil. To the east of this lane is situated the house of Said Wali petitioner. The allegation is that the entrance to the Said Wali petitioner was from the bazar side but he has closed that entrance and has made another entrance from the western side in the lane which leads to the houses of Ahmad Saeed and Hazrat Shah. It appears that when Said Wali petitioner constructed the new entrance to his house and started using the lane, Hazrat Shah submitted an application to the Deputy Commissioner, Mardan, as Deputy Rehabilitation Commissioner, restraining Said Wali from using the lane. On the 28th May 1953, petitioner was restrained from using the lane and the Deputy Commissioner directed the A. S. I., Police Post Yar Hussain to close the door to the house of Said Wali Thereupon, petitioner instituted a suit in the Court of Assistant Custodian for a declaration that he had a right to use the lane which was dismissed on the 9th April 1955. On appeal, the Custodian, by order dated the 17th…

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