HAYAT KHAN AND 6 OTHERS vs JAHANDAD AND 2 OTHERS — 1971 PLD 330

Citation: 1971 PLD 330

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-26

Parties: HAYAT KHAN AND 6 OTHERS vs JAHANDAD AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 330

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: HAYAT KHAN AND 6 OTHERS vs JAHANDAD AND 2 OTHERS Case No.: Civil Appeal No, 218 of 1969 Date of Judgment:1971-01-26 Reported As: PLD 1971 Supreme Court 330 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.--This appeal under Article 58(3) of the 1962-Constitution is against the judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, in a revision petition under section 115 of the Code of Civil Procedure which was on the enactment of the Code of Civil Procedure (Amendment) Act III heard as a second appeal. The appeal arose out of a suit brought by the present appellants for a declaration that they were owners of certain lands measuring 80 kanals and 15 marlas in Khasra No, 700 of village Khidwal in the district of Campbellsport. interest of the appellants, but had been given by them to the respondents in occupancy tenancy right on payment, of half batai. The appellants claimed that this occupancy tenancy had been abandoned by the said respondents by ceasing to cultivate the lands without any sufficient cause some 35 years before the institution of the suit and thereafter the predecessors-in-interest of the appellants re-entered into possession and let out the lands to tenants-atwill for cultivation. Notwithstanding the re-entry of their predecessors-in-interest land was mutated in favour of the respondents…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.