1767/2014 Suit Abdul Sattar Shaikh. (Plaintiff) V/S Adeel Zahoor Malik & Others. (Defendant)
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
1767/2014 Suit Abdul Sattar Shaikh. (Plaintiff) V/S Adeel Zahoor Malik & Others. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 30-MAY-19
Violation of proprietary right being a fundamental right should be remedied forthwith. Failure to examine both attesting witnesses of a Sale Agreement, which is a disputed document, is fatal to the case of Defendant, who is basing his claim on the Sale Agreement. Sufficient evidence is brought on record justifying grant of mesne profits. No Village / Goth can exist in a developed Scheme-36. The Passport entries and presumption of genuineness as envisaged in Articles-90, 92 and 129 (e) of the Qanoon-e-Shahadat Order, 1984, is attracted. Hence, Plaintiff is entitled to mesne profits. The conclusive evidence about the wrongful / illegal possession of Defendants No.1 and 2 of the suit plot does not require an inquiry as mentioned in Order XX, Rule 12, Sub Rule 1 (b). Suit Decreed.