Entitled to a decree for protection of possession

“Even this document does not tend to confer any right or title in favour of respondent No.1, except the right to possession, therefore, merely on the basis of extracts containing entries in his favour in PT-I maintained by Excise and Taxation Officer M. Division Karachi could not be held to be the owner of the property. At best the plaintiff/respondent No.1 would be entitled to a decree for protection of possession on the basis of the evidence adduced by him and not controverted by other side. In the absence of any concrete evidence on the question of mesne profits we are in a manner of doubt whether such decree could be passed in his favour as against petitioner and respondent Rehmat Hussain.”

2007 SCMR 181

Used in Judgment of:
Lahore High Court
Civil Revision
35042/19

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