IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR
Civil Rev. Application No.S-203 of 2018
|
Date |
Order with signature of Judge |
1. For
orders on CMA No.1523/2018
2.
For hearing of main case
Applicant Muhammad Moosa present in person.
Date of
hearing: 02.10.2019
J U D G M E N T
NAZAR AKBAR J:- The applicants/plaintiffs have filed instant Civil
Revision Application against the concurrent findings of the two Court below.
2. The brief facts relevant for disposal of instant Civil
Revision Application are that applicants/plaintiffs have filed a suit bearing
FC Suit No.132/2014 for declaration, cancellation of sale deed, possession and
permanent injunction against the respondents/defendants stating therein that Siknee
house bearing Taxation No.T/912 RD-H 60/F total area 1486 square feet, situated
in Mohalla Narai Dakhan Luqman, Khairpur originally belong to deceased Haji
Faqeer Muhammad S/o Sultan Soomro, who died on 09.08.1987. However, his death
certificate has been issued by Secretary Union Council Luqman on 11.03.2013.
Deceased Haji Faqeer Muhammad had died issueless and at the time of his death,
he left behind his wife Mst. Bakht Khatoon and applicants/plaintiffs (nephews)
as his legal heirs entitled to inherit the suit property to the extent of 25
paisa each for which such Tahrir (تحریر)
has been issued by Jamia Rashidia Dargah
Shareef Hazrat Pir Sahib Pagaro, Pir-Jo-Goth (Kingri, Khaipur) on 09.03.2013.
After the demise of deceased Haji Faqeer Muhammad, the said house remained in
joint peaceful possession of applicants/plaintiffs and wife of deceased Haji
Faqeer Muhammad without any interruption. Later on Mst. Bakht Khatoon also
expired and her 25 paisa share in the suit property also devolved upon the applicants/plaintiffs.
About one year back, respondent/defendant No.1 made illegal and forceful
possession of the said house and claimed that he had purchased the said house
from deceased Haji Faqeer Muhammad through registered sale deed. The Applicants/plaintiffs
later came to know that the sale deed regarding said house was registered in
the name of defendant No.1 in the office of Sub-Registrar Khairpur on 13.02.1992.
The applicants/plaintiffs approached defendant No.1 time to time and demanded
possession of said house being legal heirs of deceased haji Faqeer Muhammad,
who assured to settle the matter amicably through notable person of the village
and ultimately refused and claimed his ownership right over the said house,
hence applicants/plaintiffs filed Civil Suit No.132/2014.
3. Defendant No.1 filed his written statement on 23.06.2014
wherein he denied the allegations of applicants/plaintiffs while the defendants
No.2 to 4 were made ex-parte. On conclusion of the trial, the suit of the
applicants/plaintiffs was dismissed vide judgment dated 24.10.2016. The
applicants/plaintiffs filed Civil Appeal No.123/2016 against the said order of
dismissal of their suit. The learned appellate Court dismissed the appeal by
judgment dated 18.09.2019 and maintained the order of trial Court and decree
dated 22.09.2018, hence applicants/plaintiffs filed instant Civil Revision
Application.
4. The applicant has appeared in person, however, except
alleging that his two brothers Muhammad Essa and Muhammad Sultan have joined
hands with the respondent as well as counsel / advocate deserted even after having received professional
fee he could not say anything on merits of the case. However, I have perused
the record very carefully, the concurrent findings of the two courts below are based
on documentary evidence available on record. The record shows that the applicant
in the suit has claimed that he is legal heir of Haji Faqeer Muhammad, who died
in 1987 leaving behind his wife beside the plaintiff and his two brothers legal
heirs. However, in proof could not discharge burden of his claim that his uncle
died in 1987 prior to having sold out property through registered sale deed in
favour of the respondents in 1992. As observed by the two courts below that
plaintiff has not been able to produce even death certificate or any other
supporting witness to even orally support the claim of the applicant as owner
of the property of Haji Faqeer Muhammad has died in 1987. Contrary to his claim
according to record the respondent is in possession of the suit property since 1992.
The respondent has produced original registered sale deed in his favour and
transaction of sale consideration through bank in favour of deceased in the
year 1992. The registered document of sale have not been challenged by the
plaintiffs even when they came to know that property has been transferred in
the name of the respondent through registered documents.
5. In view of the above, concurrent findings of the two Courts
below are maintained and this revision was dismissed with no order as to costs by
order dated 02.10.2019 and these are the reasons for the same.
JUDGE
Sukkur
Dated:___________