57/1995 Suit AZIZ UR REHMAN (Plaintiff) V/S RASHID AHMED & ORS. (Defendant)

Sindh High Court2017

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)

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57/1995 Suit AZIZ UR REHMAN (Plaintiff) V/S RASHID AHMED & ORS. (Defendant) Sindh High Court Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 31-OCT-17 Suit was filed on 23.01.1995 against the defendants for Declaration, Permanent Injunction, Damages and Removal of encroachment It is well-established principle of law that a written statement contains averments of a party, which are to be proved through cogent evidence. If a party does not produce any evidence to support the contents of its written statement, in absence of any admission on the part of a plaintiff, the averments contained in the written statement cannot be treated as evidence. As regards the encroachment, on the common street between the properties of the plaintiff and defendants, is concerned, defendant No.1 is directed to take appropriate measures to remove the encroachments as mentioned in the report of the engineer of Defedant No.10, strictly in accordance with law.
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