829/2018 Const. P. Rasheed Ahmed @ Abdul Rasheed & Ors (Petitioner) V/S P O Sindh & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Rasheed Ahmed Soomro
Order Date: 17-OCT-18
In pursuance of the report submitted by Mukhtiarkar (Revenue) Ghotki, one Muhammad Umar was found to have occupied the subject piece of 00-09 ghuntas to which these petitioners do not claim. They only claim that this piece of land, which is claimed by respondent No.4, is part and parcel of the village and as such the villagers have right over the land. This is not a public interest litigation as the petitioners were defendants in the suit and contested on their own right as being in occupation. The petitioners have not been able to show any right or title over the land in question. The orders, which they have impugned, may have been passed beyond jurisdiction but the approach of the petitioners is mala fide and the hands are tainted. They have not approached the Court with clean hands. Muhammad Umar, who was found to be in possession, was claimed to be the brother of the petitioners and this fact was not denied, and he has not been made party in these proceedings purposely. This is not difficult to ascertain as to why he has not been arrayed as one of the petitioners.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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