1575/2010 Suit MUHAMMAD ASHFAQ ARAIN (Plaintiff) V/S MUHAMMAD ISHAQUE ARAIN (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 12-JAN-15
Specific Relief Act (I of 1877)--- ---Ss. 42 & 8---Suit for declaration, possession and damages---Present suit was filed to obtain a conflicting judgment with regard to same property between the same parties---Plaintiff had deliberately over-valued the suit property and included a frivolous claim of damages which he did not try to prove even at ex parte trial---Plaintiff could not establish his claim by cogent and convincing evidence---Proof of ownership of plot was not enough to prove ownership of building standing thereon as other occupant was none other than his own brother---Defendant was in possession on suit property---Present suit had been filed after the lapse of 25 years of legal notice when plaintiff was requested for recovery of half portion of suit property---Defendant had already filed his claim---Plaintiff had obtained ex parte orders against the defendant by manipulation---Plaintiff had withheld the best evidence available with him and he had suppressed the facts---Issue of ownership was already subjudiced before competent court in a suit prior in time---Plaintiff had attempted to obtain ex parte order on the same issue---Suit was dismissed with cost.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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