DIL MUHAMMAD AND 2 Others vs IQBAL MUHAMMAD AND 2 Other — 1971 SCMR 321

Citation: 1971 SCMR 321

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-02

Parties: DIL MUHAMMAD AND 2 Others vs IQBAL MUHAMMAD AND 2 Other

Headnotes

Case cited as 1971 SCMR 321

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: DIL MUHAMMAD AND 2 Others vs IQBAL MUHAMMAD AND 2 Other Case No.: Civil Appeal No. 15 of 1971 Revision No. 3 of 1970 Date of Judgment:1971-03-02 Reported As: 1971 SCMR 321 Result: Appeal dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The respondents 1 to 3 filed a suit against the appellants on the 18th March 1969, under section 9 of the Specific Relief Act for possession of an Ihata in Chak 54/R-4, District Bahawalnagar, on the allegation that the appellants had forcibly dispossessed them from it on the 26th February 1961. The Civil Judge dismissed the suit on 5-1-1970 on the finding that the plaintiffs had failed to prove their actual physical possession. The respondents thereupon filed a revision petition in which a learned Judge found that the trial Judge had misconstrued the evidence and admitted on the back of the plaintiffs into evidence copy of the judgment in a criminal case between the parties after the trial had concluded and final arguments addressed by the parties' counsel. On a proper examination of the evidence which consisted of a number of documents including the entries from the revenue records and the oral testimony led by the parties, the learned Judge concluded that Iqbal Mohammad, respondent No. 1, was in possession of a portion of the 1hata and Mst. Rahim Bibi, P. W. 4, was in possession of the other portion as a tenant under the respondents. The…

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