and Mian Muhammad Din v. Sh. Muhammad Ishaque Gaba — 1965 PLD 699

Citation: 1965 PLD 699

Court: Lahore High Court

Year: 1966

Decision Date: 1966-03-02

Parties: ALI MUHAMMAD AND Another vs NAZEER AHMAD

Headnotes

and any enunciation of law in it for that reason cannot be considered as good law. Their Lordships in that case held that the question of mala fide is the exclusive jurisdiction of the civil Court and that can never be taken away.

Judgment Text

Court Name: Lahore High Court Judge(s): Waheeduddin Ahmad Title: ALI MUHAMMAD AND Another vs NAZEER AHMAD Case No.: Regular Second Appeal No. 179 of 1964 Date of Judgment:1966-03-02 Reported As: PLD 1970 Lahore 893 Result: Appeal dismissed JUDGMENT JUDGMENT This second appeal arises from Suit No. 462 of 1961 brought by the respondent hlazir Ahmed in the Court of the Civil Judge, IV Class, Multan for perpetual injunction restraining the appellants from closing his door opening on the side of the vacant plot and from interfering with his right of easement in respect of the use of water of the well situated in the adjoining vacant plot. The learned subordinate Court by judgment dated 20th April 1963, dismissed the suit on the ground that no right of easement could be claimed in the absence of the owner of the property. The learned Court however came to the conclusion that the vacant plot in dispute is not owned by any of the parties and the respondent was using the well on it for a considerable time. This judgment was challenged in Civil 4ppeal No. 20/13 of 1963 before the Additional District Judge, Multan who by judgment dated 12th February 1954, allowed the appeal on the ground that he did not agree with the view of the sub--ordinate Court that the respondent was not entitled to any relief in the absence of the owner of the plot in question. He further agreed with the finding of the Court below that the occupants of the houses owned by both the parties were using the well…

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