Suit For Possession Judgment 2024 SCP 375

Lawkidunya Provided Latest Judgment on Suit For Possession. Shahid Waheed, J: These two direct appeals come before us from the decree issued under the judgment dated 4th of July, 2023, by the Mingora Bench (Dar-Ul-Qaza), Sawat of the Peshawar High Court. This judgment was made in exercising the jurisdiction granted under Section 115 of the Code of Civil Procedure, 1908.
2. The parties involved in these appeals will be referred to in this judgment by the title they had in the suit.
3. The suit giving rise to these two appeals was for possession of immovable property and recovery of mesne profit. The suit was dismissed by the Trial Court by its decree dated 11th of June, 2011, holding that the plaintiffs had failed to prove their title over the property. The plaintiffs appealed, and on the case coming before the Additional District Judge, Swat, he arrived at the conclusion that the plaintiffs had proved their ownership of the property by tendering a gift deed, and the evidence brought on record demonstrated that the defendants had no legal claim to the property, and as such, granted a decree to the plaintiffs as prayed for. Accordingly, on 1st of February, 2012 a decree was drawn. The defendants then sought revision of the appellate decree. The High Court, by its judgment dated 12th of June, 2023, partially revised the decree by which the decree to the extent of recovery of possession was maintained, and the decree to the extent of mesne profit was set aside. Now, the defendants have brought their appeal (CA No.493 of 2023) to challenge the decree for possession, while the plaintiffs have also preferred their appeal (CA No.494 of 2023) before us to assail the refusal to grant a decree to recover mesne profit. The point arising for decision is common to both appeals; consequently, they will be disposed of by this single judgment. Download