FAZAL HUSSAIN AND ANOTHER vs ABDUL HAMID — 1971 PLD 89

Citation: 1971 PLD 89

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-10

Parties: FAZAL HUSSAIN AND ANOTHER vs ABDUL HAMID

Headnotes

Case cited as PLD 1971 Lahore 89

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: FAZAL HUSSAIN AND ANOTHER vs ABDUL HAMID Case No.: Regular Second Appeal No, 355 of 1968 Date of Judgment:1970-03-10 Reported As: PLD 1971 Lahore 89 Result: Appeal dismissed JUDGMENT JUDGMENT Abdul Hamid (hereinafter called the plaintiff) filed a suit (which has given rise to this Regular Second Appeal) for a permanent injunction to restrain defendants (who were two in number, namely, (i) Fazal Hussain and (ii) Muhammad Bashir) from interfering with the suit land as they had no concern with it and that the same belonged to the plaintiff. The suit was resisted by the said defendants. Defendant No, 1 claimed title to the property and defendant No, 2 referred his user to the possession of defendant No, 1. On the pleadings of the parties, the learned trial Court framed the following issues :- "(1) Whether the plaintiff is owner and occupier of the suit property ? (1-A) Whether the suit is properly valued for the purposes of court-fee and jurisdiction ? (1-B) Whether the plaintiff is estopped from filing this suit 7" The learned trial Court decided issue No, 1 against the plaintiff and held that he was not the owner of the suit property. In this behalf the plaintiff wanted to adduce certain documents in evidence, but the learned trial Court refused to take them on the ground that they had earlier been taken back by the plaintiff even though that was done with leave of the Court and for some other purpose. On…

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