FAZAL and others vs ALLAH DITTA and others
The petitioners sought leave to appeal against the order of the Lahore High Court, which had dismissed their revision petition and upheld the Additional District Judge's decreeing of the respondents' civil suit for declaration and eviction regarding a Haveli situated in village Jamalpur. The petitioners, claiming long-standing occupation since the time of their forefathers as Mueens of the village, contested the eviction sought by the respondents, who were owners in the village and described as Malkan-e-Deh. The Supreme Court of Pakistan observed that the core legal question involved whether owners in the village could evict the occupants, which required examination in light of entries in the Wajab-ul-arz and other settlement records. Consequently, the Supreme Court granted leave to appeal, directed both parties to produce all relevant documents including Wajab-ul-arz and Rewaj-e-Aam from earliest and latest settlements, ordered security for costs, and granted an interim stay against the dispossession of the petitioners during the pendency of the appeal.
- Whether village owners can seek the eviction of occupants from a Haveli located in the Abadi-Deh?
- How do the entries in the Wajab-ul-arz and settlement records affect the rights of village proprietors to evict long-standing occupants?
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.