| Case ID |
090c570e-0b9b-45ff-8b7c-bc8074b0247f |
| Body |
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| Case Number |
Civil Revision No.669/P of 2012 |
| Decision Date |
Aug 31, 2012 |
| Hearing Date |
Aug 31, 2012 |
| Decision |
The court dismissed the revision petition filed by the petitioners, determining that the petitioner failed to provide sufficient evidence to establish his claim as the sole legal heir of the deceased Ajarh Khan. The court found that the petitioner had not produced a pedigree table to substantiate his claims and acknowledged that the deceased had three daughters, which meant the petitioner could not claim exclusive ownership over the property in question. The court also noted that the respondents had established their ownership through valid documentation, including sale-deeds, thus reinforcing the decision of the lower courts. Consequently, the court upheld the findings of the appellate court, leading to the dismissal of the petitioners' claims. |
| Summary |
In the case of Civil Revision No.669/P of 2012, the Peshawar High Court addressed a dispute over inheritance rights concerning the property of the deceased Ajarh Khan. The petitioner, DILAWAR KHAN, claimed to be the sole legal heir of Ajarh Khan, who died issueless. However, the court determined that the petitioner provided inadequate evidence to support his claim, particularly lacking a pedigree table to prove his relationship to the deceased. The court emphasized that the deceased had three daughters, which legally precluded the petitioner from claiming exclusive ownership of the property in question. The decision highlighted the importance of proper legal documentation and adherence to inheritance laws, ultimately leading to the dismissal of the petition. This case underscores the complexities of inheritance law and the necessity for individuals to substantiate their claims with credible evidence, especially in matters involving multiple potential heirs. It serves as a critical reminder for legal practitioners in the field of inheritance disputes to ensure that all necessary documentation, including pedigree tables and other vital records, are adequately presented to avoid similar outcomes in future cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH JEHAN KHAN AKHUNDZADA, J
|
| Lawyers |
Akhtar Ali Khan,
Hassan Gul Khan
|
| Petitioners |
others,
DILAWAR KHAN
|
| Respondents |
others,
FAZAL HADI
|
| Citations |
2013 SLD 632,
2013 CLC 97
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
O.I,Rr.3,
O.I,Rr.9,
8
|