| Case ID |
0ba30bf8-c7b9-410c-a27f-6a0ff11f7b27 |
| Body |
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| Case Number |
Civil Revision No. 898-P of 2009 |
| Decision Date |
Feb 10, 2017 |
| Hearing Date |
Jan 23, 2017 |
| Decision |
The Peshawar High Court ruled that both lower courts erred in granting a declaratory decree in favor of the plaintiff, Roman, who failed to establish his possession over the disputed Khasra number. The court emphasized that a co-owner of an undivided property seeking injunctive relief must pursue formal partition. The court set aside the judgments and decrees of the two lower courts regarding the decree in favor of Roman and dismissed his suit. However, the findings regarding the dismissal of the petitioners' suit were maintained. The revision petition was partially allowed. |
| Summary |
This case involves a dispute over possession and ownership of land within Khasra No. 1441, as petitioners and respondents both claimed rights based on various exchange mutations. The court examined the validity of the claims and the evidence presented, ultimately concluding that the plaintiff, Roman, did not prove his possession and therefore could not seek a mere declaratory decree without seeking possession as a consequential relief. The ruling highlights the importance of establishing possession in property disputes and reinforces the principle that co-owners must seek formal partition to resolve conflicts over joint property. The decision underlines key aspects of the Specific Relief Act, particularly sections 42 and 54, and references previous case law to support its conclusions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan
|
| Lawyers |
Nasir Mehmood,
Kifyatullah Khan
|
| Petitioners |
Qazi Salah ud Din,
L.Rs. of Qazi Jamal-ud-Din
|
| Respondents |
Muhammad Akbar,
Roman,
Khayal Akbar,
Noor Akbar
|
| Citations |
2017 SLD 2365,
2017 YLR 1160
|
| Other Citations |
Mst. Resham Bibi and others v. Lal Din and others 1999 SCMR 2325,
Muhammad Ibrahim and others v. Muhammad Ismail and others 2005 SCMR 1335
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42,
54
|