| Case ID |
0a4dfe76-cc5f-4156-80dd-fd456a08cda7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 19 of 2006 |
| Decision Date |
Nov 10, 2016 |
| Hearing Date |
|
| Decision |
The court dismissed the revision petition as neither the plaintiffs nor the defendants successfully established their title to the suit property. The plaintiffs failed to prove that the land in question was part of their ancestral property, while the defendants could not establish their ownership through the purported gift deed. The findings of the lower courts were deemed incorrect due to misreading of the evidence, resulting in the dismissal of the petition with parties bearing their own costs. |
| Summary |
This case revolves around a dispute over land ownership between the petitioners, claiming ancestral rights, and the respondents, who assert a communal gift transfer. The Supreme Appellate Court of Gilgit-Baltistan, presided by Justice Muhammad Alam, ruled on the validity of the claims based on the Specific Relief Act of 1877, particularly Section 42, which governs suits for declarations. The court found that both parties failed to provide adequate proof of their claims. The plaintiffs did not substantiate their assertion of ancestral property, and the defendants could not validate their ownership through a gift deed, which lacked the necessary consents from all relevant parties, including minors and the insane. Consequently, the court dismissed the revision petition, highlighting the importance of establishing clear title in property disputes. This case emphasizes the critical nature of documentary evidence and proper legal protocols in property ownership cases, aligning with current trends in property law disputes and the necessity for thorough legal representation. Keywords such as 'land ownership', 'property disputes', and 'specific relief act' are central to this case and are highly relevant in today's legal landscape. |
| Court |
Supreme Appellate Court Gilgit-Baltistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM
|
| Lawyers |
Malik Shafqat Wali,
Raja Shakeel Ahmed
|
| Petitioners |
8 OTHERS,
IQBAL AMAN
|
| Respondents |
RESIDENTS OF GAHKUCH BALA/PAEEN THROUGH REPRESENTATIVES
|
| Citations |
2018 SLD 3059,
2018 YLR 49
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|