| Case ID |
0a27622c-445b-41b0-8489-273c1e843a4d |
| Body |
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| Case Number |
Civil Revision No. 98-B of 2021 |
| Decision Date |
Apr 22, 2021 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioners against the judgment and decree of the learned Additional District Judge-II, Bannu. The court upheld the findings of the trial court, which had decreed the suit of the respondent for declaration of ownership and possession of the property in question. The court observed that the petitioners failed to prove the authenticity and genuineness of a gift mutation, which was central to their claim. The petitioners could not establish the essential elements of a valid gift, such as offer, acceptance, and delivery of possession. The findings of fact by the lower courts were not found to suffer from any jurisdictional defects or material irregularities, thus the revision was dismissed. |
| Summary |
In the case of Civil Revision No. 98-B of 2021, the Peshawar High Court dealt with a dispute involving the Transfer of Property Act, 1882 and the Specific Relief Act, 1877. The petitioner, represented by Asghar Ali Khan Daim Khel, contested the legitimacy of a gift-mutation favoring the respondents, MST. Nek Bibi and others. The court emphasized the necessity of proving the authenticity of such transactions, especially in familial contexts where disputes may arise. The court affirmed that the burden of proof lies on the party claiming the gift, which includes proving the essential elements of a valid gift. The ruling underscores the importance of documentation and evidence in property transfer cases, particularly highlighting the vulnerability of female heirs in property disputes. This case serves as a significant reference point in property law, particularly in the context of familial disputes and the legal requirements for establishing a valid gift. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAEEM ANWAR, JUSTICE
|
| Lawyers |
Asghar Ali Khan Daim Khel
|
| Petitioners |
3 OTHERS,
DIL NAWAZ KHAN
|
| Respondents |
3 OTHERS,
MST. NEK BIBI
|
| Citations |
2022 SLD 495,
2022 YLR 418
|
| Other Citations |
Farhan Aslam and others v. Mst. Nuzba Shaheen and another 2019 SCMR 179,
Wali Muhammad Khan and another v. Mst. Amina and others 2018 SCMR 2080,
Naveed Akram and others v. Muhammad Anwar 2019 SCMR 1095,
Sikandar Hayat and another v. Sughran Bibi and 6 others 2020 SCMR 214,
Umar Dad Khan and another v. Tila Muhammad Khan and 14 others PLD 1970 SC 288,
Muhammad Bux v. Muhammad Ali 1984 SCMR 504,
Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291
|
| Laws Involved |
Transfer of Property Act, 1882,
Specific Relief Act, 1877
|
| Sections |
5,
7,
122,
123,
42,
39,
54
|