| Case ID |
0538f6a9-acd2-47ae-b68a-0b332c2b426d |
| Body |
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| Case Number |
Regular First Appeals Nos.68 and 69 of 1997 |
| Decision Date |
Mar 13, 2001 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the appeals filed by Abdul Samad Khan and others, affirming the trial court's findings that the alleged gift mutation was invalid due to lack of evidence of possession transfer and proper documentation. The court upheld the validity of the sale deed executed in favor of the respondents' father, establishing their rightful ownership of the disputed land. Consequently, the respondents were deemed entitled to compensation for the acquired land, while the appellants were denied compensation as they could not substantiate their ownership claims. |
| Summary |
This case revolves around the ownership and compensation of land acquired under the Land Acquisition Act (I of 1894). The appellants claimed ownership through a gift mutation from their grandfather, while the respondents asserted ownership via a sale deed. The court evaluated the validity of both claims, focusing on the essential elements of a valid gift and property transfer. The ruling emphasized the necessity of possession transfer and proper documentation in establishing ownership rights. In the end, the court affirmed the respondents' rights to compensation for the acquired land, highlighting the importance of credible evidence in property disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza, C.J.,
Shah Jehan Khan, J.
|
| Lawyers |
Muhammad Alam,
Abdul Sattar,
M. Pervez Younas,
Mian Hissam-ud-Din,
Javed A. Khan,
Sher Bahadar
|
| Petitioners |
others,
ABDUL SAMAD KHAN
|
| Respondents |
others,
GOVERNMENT OF N.W.F.P
|
| Citations |
2001 SLD 2478 = 2001 CLC 988
|
| Other Citations |
Abdul Samad Khan v. Project Director, Mardan Development Authority PLJ 2000 Pesh. 259,
Ghulam Hussain v. Sarfraz Khan and others PLD 1956 SC (Pak.) 309,
Ashiq Hussain's case 1972 SCMR 50,
Shamshad Ali Shah's case PLD 1960 (W.P.) Lah. 300,
Mst. Resham Bibi's case PLD 1990 Azad J&K 34,
Malik Mahram Khan v. Baz Khan and 2 others PLD 1955 Lah. 516
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Transfer of Property Act (IV of 1882)
|
| Sections |
4,
18,
54,
122,
123
|