Bringing an end to a legal battle that spanned over 64 years, the Lahore High Court (LHC) has dismissed a petition concerning ownership of 53 kanal of land, upholding the trial court's earlier decision.
Justice Sultan Tanveer issued a six-page verdict on the appeal filed by the late Abid Hussain, a resident of Sargodha. The court found no merit in the petitioner’s claim and noted that the lower court had rightly rejected it based on significant legal shortcomings.
Background of dispute
According to the petitioner, in 1961, he gave 35 kanals of land to the late Khadim Hussain for cultivation purposes, and he claimed to have submitted related documents to the revenue department in 1965. However, he alleged that in 2000, he discovered that Khadim Hussain had, in collusion with the revenue authority, transferred all 53 kanal of land into his own name.
The petitioner then approached the courts to reclaim ownership of the land.
Court’s observations
The trial court had earlier dismissed the petition citing delayed claim filing, lack of evidence, and absence of witnesses, and the high court concurred.
Justice Sultan Tanveer wrote that the petitioner:
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Failed to provide any witness who was present at the time of the alleged land cultivation agreement.
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Could not prove he had received any share from the land that was allegedly under contract.
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Remained silent for 35 years before suddenly initiating legal proceedings.
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Did not convincingly establish that the land was ever given for cultivation on contractual terms.
The court emphasized that the trial court had thoroughly examined the facts, and its findings were based on sound legal reasoning.
“It is settled law that when there is no ambiguity in the decision of the trial court, it cannot be interfered with,” the high court stated in the judgment.
Justice Tanveer dismissed the petition and declared the trial court’s ruling as legally sound, effectively closing one of the longest-running property disputes in the region.
