Pakistan Case Law
2007 SCMR 1924

GHULAM RASOOL son of KALU vs GHULAM RASOOL and others

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Citation2007 SCMR 1924
CourtSupreme Court of Pakistan
Case No.Civil Petition No,853-L of 2003
Date2006-11-27
Judge(s)Faqir Muhammad Khokhar and Ghulam Rabbani
Authored byFaqir Muhammad Khokhar
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against the concurrent findings of the lower courts and the High Court regarding a dispute over land ownership. The petitioner, claiming to be the owner in possession of suit-land measuring 1 Kanal and 15 Marlas as a co-sharer in a joint Khata, challenged the dismissal of his suit. The core legal questions presented for the Court's consideration involve allegations of misreading and non-reading of evidence by the subordinate courts, and whether the orders previously passed by the Revenue Authorities operate as res judicata under the relevant provisions of the Code of Civil Procedure. The Supreme Court, having heard the initial contentions regarding the petitioner's status as a co-sharer and the legal effect of the revenue orders, granted leave to appeal to examine these submissions in detail. The case establishes the necessity for the appellate court to review whether the lower courts erred in their evidentiary assessment and whether the principle of res judicata applies to the specific orders issued by Revenue Authorities in the context of joint Khata land disputes.

Questions settled in this judgment
  • Do orders passed by Revenue Authorities operate as res judicata under Section 11 of the Code of Civil Procedure 1908?
  • Does the misreading and non-reading of evidence by lower courts constitute valid grounds for granting leave to appeal?
Laws & provisions referred
  • Section 11, Code of Civil Procedure 1908
leave to appealmisreading of evidenceres judicatajoint Khataco-sharerrevenue authorities

ORDER

1. ' FAQIR MUHAMMAD KHOKHAR, J.--- The learned counsel submitted, inter alia, that the High Court as well as the Courts below fell in error of misreading and non-reading of evidence. It was further contended that the petitioner was found to be the owner in possession of suit-land measuring 1 Kanal, 15 Marlas as co-sharer in a joint Khata. Therefore, his suit ought to have been decreed. He argued that the orders passed by the Revenue Authorities would not operate as res judicata under section 11, C.P.C.

2. ' Leave to appeal is granted to consider the above and the other submissions .

Cited by 2 cases

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