MUHAMMAD AKRAM alias RAJA vs MUHAMMAD ISHAQUE

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 1st July, 1999 passed by Lahore High Court, Multan Bench, Multan whereby civil revision filed by petitioner has been dismissed.

2. Precisely stating the facts of the case are that Muhammad Ishaque respondent filed a suit against the petitioner for possession of part of property No,22, Ward No, 8 Muslim, Nusrat Road, Multan Cantt. The boundaries of which are given in the head note of the suit. According to the facts given in the plaint, the said property belonged to Hussain Bakhsh son of Wahid Bakhsh who sold many shares of propertyto many persons. The plaintiff/respondent also purchased a part of this property measuring 1-1/2 Marlas vide registered sale-deed, dated 28th November, 1992 for the consideration, the map of which was obviously given in the sale-deed executed in his favour.

Likewise the defendant also purchased a part of property on 13th November, 1993 the map of which was also given in the sale-deed executed in favour of the defendant/petitioner. It is contended that sometimes earlier the defendant/petitioner encroached upon the property of the respondent without any justification and did not vacate it despite his demands. The petitioner contested the suit by way of filing written statement. He also raised certain preliminary objections in his written statement and contended that he was in possession of his own property and no portion of the property of the respondent was in his possession. Learned trial Court framed issues in view of the pleadings of the parties, therefore, parties led evidence in support of their respective positions.

After hearing both the sides and recording evidence, vide its judgment, dated 14-11-1998, decreed the suit in favour of respondent and ordered that disputed portion of the land should be handed over to the respondent. Feeling dissatisfied from the judgment/decree of the trial Court, petitioner approached the Appellate Court by way of filing appeal which too was dismissed vide judgment, dated 25th May, 1999. Being aggrieved from the judgments of trial and Appellate Courts, petitioner filed a civil revision before Lahore High Court, Lahore. A learned Single Judge in chambers of Lahore High Court, Lahore after hearing both the sides dismissed the civil revision by means of impugned judgment. As such instant petition has been filed.

3. Learned counsel appearing for petitioner contended that the trial Court has not framed issue to the effect whether the defendant/ petitioner is owner in possession of the property as per the excise record and sale-deed.

4. It is important to note that although no specific issue was framed but the parties being aware about the controversy have led evidence in this behalf on the basis of which finally the case was decided. In this behalf reference can be made to the judgment reported as The Province of East Pakistan v. Maj. Nawab Khawaja Hasan Askary and others PLD 1971 SC 82 wherein it has been held that if a specific issue is not framed but allegations are made in the plaint and the parties challenged in the written statement, it is open to the Court to allow the parties to lead evidence on such point and to give decision on it without framing any issue.

5. No other point has been argued.

' Thus, in view of above discussion, we see no force in this petition, as such the same is dismissed and leave declined.