| Case ID |
058007a1-b378-4832-9834-8b3463c0244b |
| Body |
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| Case Number |
Civil Revision No. 1283 of 2006 |
| Decision Date |
Jan 17, 2011 |
| Hearing Date |
|
| Decision |
The Peshawar High Court accepted the petition filed by the petitioners, challenging the judgment of the appellate court which had upheld the dismissal of their suit regarding disputed property. The court found that both lower courts had erred in their judgments, particularly in handling the issues of ownership and possession. The court emphasized the importance of considering the registered sale deed presented by the petitioners and the implications of the entries in the Revenue Record, which were not adequately addressed by the lower courts. The High Court remanded the case back to the appellate court for a fresh judgment, stressing that the appellate court must properly evaluate all aspects of the case and comply with procedural requirements, including a thorough examination of the evidence. |
| Summary |
This case revolves around the ownership of a disputed property and the legal rights of the petitioners, who argued that their registered sale deed entitled them to ownership, despite adverse entries in the Revenue Record labeling the property as 'protected forest'. The Peshawar High Court found that the lower courts had failed to properly assess the evidentiary value of the sale deed and the implications of the petitioners' possession of the property. The court highlighted the necessity for the appellate court to fulfill its obligation to address all points raised by the petitioners and ensure a fair examination of the facts. The decision emphasizes the importance of procedural correctness in appellate reviews, particularly regarding the evaluation of ownership claims and the rights of individuals in possession of land. This case underscores the need for clarity in property rights and the legal standards governing land ownership disputes in Pakistan, making it a significant reference for future cases related to property law, land revenue issues, and the interpretation of legal documents in the context of ownership rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ZIA-UR-REHMAN KHAN, J
|
| Lawyers |
Lal Jan Khattak, Addl. A.G.
|
| Petitioners |
SHAD MUHAMMAD KHAN and others
|
| Respondents |
GOVERNMENT OF N.W.F.P. and others
|
| Citations |
2011 SLD 363,
2011 PLD 172
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act,
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
42,
96,
O.XLI,R.31
|