Declaration and possession suit dismissed by Lahore High court
Declaration and possessions Decree for possession against an illegal occupant doesnot become inexecutable for the reason that the said occupant has purchased the share from a co-sharer of the decree holder, in a joint khata/ khewat, during the pendency of the execution proceedings. Civil Revision 40110/22 Mst Kaneez Batool Vs Allah Buksh 2024 CLC 630 Case was filed for declaration and possession. instituted the suit on the basis of PTD No.2512 dated 08.08.1968 as well as the mutation Suit was dismissed by Lahore High court and decree of the trial court and appeal before additional session court was dismissed The nub of the matter is to examine whether respondent No.1 was able to discharge the burden of proof while seeking declaration of his title to the suit property and possession thereof as also seeking cancellation of the registered sale deed of the petitioners. Admittedly, the suit was instituted on the strength of the mutation bearing No.15...