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Petitioner: FAZAL and others VS Respondent: ALLAH DITTA and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: FAZAL and others vs ALLAH DITTA and others Case No.: Civil Petition No,506 of 1985 Date of Judgment:1989-03-26 Reported As: 1989 SCMR 1246 Result: Leave granted
Judgment ORDER ' SAAD SAOOD JAN, J.--The petitioners seek leave to appeal from the order of the Lahore High Court whereby their revision petition from the judgment of the Additional District Judge, Sheikhupura, was dismissed. 2. The petitioners are in possession of a Haveli covering an area of 1 kanal 7 marlas situate in village .Iamalpur of tehsil Nankana. The respondents are owners in the said village. The petitioners have been in occupation of the Haveli since the time of their forefathers. On 28-6-81, the respondents filed a civil suit for a declaration that they were owners of the Haveli. They also sought the eviction of the petitioner. The trial Court dismissed the suit but on appeal, the Additional District Judge decreed it. The High Court in revision declined to interfere with the judgment of the Additional District Judge. 3. The Haveli in dispute is apparently located in the Abadi-Deh and the petitioners are Mueens of the village. A question arises whether it is open to the petitioners who are `Malkan-e-Deh' to evict the petitioner. This question requires to be examined in the light of the entries in the Wajabul-arz and other record prepared at the time of settlements. Accordingly, we would grant open leave to appeal. Both parties are directed to produce all the relevant documents including copies of the Wajabul-arz and Rewaj-e-Aam prepared both in the earliest and the latest settlements. Security for costs in the sum of Rs,2,000. During the pendency of the appeal, the petitioners shall not be dispossessed.