| Case ID |
099e37ad-52c4-4bc4-9488-16631acbe5fb |
| Body |
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| Case Number |
Civil Appeal No. 35 of 1957 |
| Decision Date |
Oct 17, 1957 |
| Hearing Date |
|
| Decision |
The decision of the High Court upheld the lower court's ruling that granted the plaintiffs a declaratory decree for a joint possession of 19/24th share of the suit land. The court found that the documents presented by the plaintiffs, although produced late in the trial, were admissible as they were true copies of public records. The court ruled that the endorsements by the Patwari satisfied the requirements of being a true copy and therefore, the documents had evidentiary value. The appeal was dismissed, and the parties were directed to bear their own costs. |
| Summary |
This case revolves around the interpretation of the Evidence Act, 1872, particularly sections related to the admissibility of secondary evidence and the evidentiary value of ancient documents. The plaintiffs sought a declaratory decree over their share in a property left by their deceased father, Hassan Muhammad. The High Court ultimately upheld the lower court's decision, affirming the plaintiffs' rights to 19/24th share of the property. The ruling emphasized the importance of proper documentation and the certification of true copies of public documents, which are essential in establishing ownership and rights in property disputes. The case highlights the significance of legal representation in civil appeals and the necessity of adhering to procedural requirements in evidentiary submissions. Key takeaways from this ruling include the necessity of clear documentation in property disputes and the court's reliance on established legal principles to guide decisions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID KHAN, J
|
| Lawyers |
Siraj-ul-Haq,
Abdul Ghafoor
|
| Petitioners |
GHULAM QADIR
|
| Respondents |
Mst. ALAM BIBI
|
| Citations |
1958 SLD 44,
1958 PLD 1
|
| Other Citations |
Vallabhdas v. Pranshankar A I R 1944 All. 114,
Suraj Narain v. Thabbu Lall A I R 1929 Bom. 24
|
| Laws Involved |
Evidence Act, 1872
|
| Sections |
90,
165(e)
|