| Case ID |
00992672-52c7-4a3b-9bab-f2c1d48135a3 |
| Body |
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| Case Number |
Civil Appeal No. 501 of 2009 |
| Decision Date |
Jan 30, 2019 |
| Hearing Date |
|
| Decision |
The appeal was accepted and the judgments and decrees passed by the learned trial Court and affirmed by the first appellate court were recalled. The case revolved around the authenticity of a will executed in 1978, which was found to be fraudulent and unregistered, leading to the conclusion that it was void ab initio. The court emphasized the necessity of proving the genuineness of such documents by presenting adequate evidence and witnesses. The findings of the lower courts were deemed conjectural and unsustainable, resulting in the decree being set aside. |
| Summary |
In the case of Civil Appeal No. 501 of 2009, the High Court (AJ&K) dealt with a dispute concerning the validity of a will executed in 1978. The appellants challenged the authenticity of the will, arguing that it was based on fraud and lacked proper registration as mandated by law. The court found that the will was not validly executed and that the lower courts had relied on conjectures rather than concrete evidence. The decision highlighted the importance of adhering to legal requirements for wills, emphasizing that unregistered documents cannot create rights in immovable property. Ultimately, the appeal was accepted, and the previous judgments were recalled, reinforcing the principle that justice cannot coexist with fraud. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sadaqat Hussain Raja
|
| Lawyers |
Muhammad Yaqoob Khan Mughal
|
| Petitioners |
Mumtaz Khan,
13 Others
|
| Respondents |
4 Others,
Muhammad Anwar Khan
|
| Citations |
2019 SLD 3360,
2019 YLR 1310
|
| Other Citations |
PLD 1973 Pesh. 63,
PLD 2003 SC 31,
PLD 1984 SC(AJ&K) 138,
1987 CLC 798,
PLD 1997 Lah. 267,
Ghulam Nabi's case 1993 CLC 314,
Abdul Waheed Butt v. Excise and Taxation Officer and 3 others 2003 SCR 298,
AIR 2013 SC 3568,
Habibullah v. Mahmood 1984 PSC 29,
PLD 1964 SC 97,
1989 CLC 198,
2003 YLR 1810
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908),
Registration Act, 1908
|
| Sections |
17,
79,
12(2),
100,
17
|