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1991 SCMR 788

ABDUL WAHAB And 26 Others vs Haji MUHAMMAD HUSSAIN

Citation1991 SCMR 788
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 586-R of 1989 C.R. No. 127 of
Date1990-01-16
Judge(s)Nasim Hasan Shah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. S. USMAN ALI SHAH, J.---This petition for leave to appeal is directed against the order of the High Court of Baluchistan, Quetta dated 20-8-1989, whereby the petitioners' Civil Revision No. 127/89 against the judgment of Majlis-e-Shoora, Sibbi, was dismissed.

2. Briefly, the facts are that the plaintiffs/petitioners filed a suit before the Court of Qazi Bhag, against the respondent for seeking declaration and permanent injunction claiming the ownership of the disputed land in Mauza Thattar of Tehsil Bhag. Haji Muhammad Hussain respondent contested the suit and submitted his written statement, repudiating the claim of the plaintiffs/petitioners. The Court framed seven contesting issues and after recording evidence in the matter, decreed the suit of the plaintiffs/petitioners in their favour on 26-1-1989. Appeal of the defendant/respondent before Majlis-e-Shoora, Sibbi was accepted and the decree passed by the trial Court in favour of the petitioners was set aside vide order dated 26-4-1989. The petitioners' civil revision before the High Court of Baluchistan was also dismissed by the impugned judgment.

3. The learned counsel for the petitioners contended that the documents pertaining to the alleged grant of 300 Jareebs of land by Khan-e-Azam of Kalat to the respondent after he was abdicated are fictitious documents and the findings arrived by the Majlis-e-Shoora and affirmed by the High Court are without any proper scrutiny of the evidence of the witnesses and. Have erroneously rejected the findings of the trial Court. On the other side the oral evidence as well as documentary evidence produced by the petitioners in the form of judgments and receipts of revenue paid to the Government, shows their physical possession of the disputed land for centuries past.

4. After hearing the learned counsel for the petitioners that the impugned judgment needs consideration of this Court to sift it out whether it is really based on misreading and misrepresentation. Leave to appeal is therefore, granted.

5. Security Rs. 5,000.

6. Appeal is to be made ready on the present record. However, the parties are allowed to file additional documents, if any. Status quo is to be maintained till the final disposal of the appeal.

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