| Case ID |
0fb7c7e0-1085-4f43-a9ba-733bec7d2bef |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 128-D of 2017 |
| Decision Date |
Nov 22, 2018 |
| Hearing Date |
|
| Decision |
The revision petition filed under Section 115, C.P.C. against the judgment and decree dated 07.04.2017, passed by the learned Additional District Judge-VI, D.I. Khan, was dismissed. The High Court upheld the lower courts' findings that the impugned gift deed and sale deed were fraudulent and never executed. The petitioner failed to prove the necessary elements of a valid gift or sale, including offer, acceptance, and delivery of possession. The concurrent findings of fact by the lower courts were not interfered with, as there was no jurisdictional defect or material irregularity resulting in a miscarriage of justice. The court reiterated that in matters of inheritance, the question of limitation does not arise. |
| Summary |
In the case of C.R. No. 128-D of 2017, the Peshawar High Court addressed a dispute over the validity of a gift deed and sale deed related to a shop owned by the family of the parties involved. The petitioner, Aziz-ur-Rehman, claimed that he received a portion of the shop as a gift from his deceased father and purchased the remaining share. However, the court found that the petitioner could not provide sufficient evidence to support his claims of a valid gift or sale, including the absence of necessary signatures and the failure to demonstrate the essential components of a valid transaction. The court emphasized the importance of proving elements such as offer, acceptance, and delivery of possession in gift deeds. Ultimately, the High Court upheld the decisions of the lower courts, concluding that the deeds were fraudulent and void, thereby reinforcing legal principles surrounding property transfers and inheritance. This case highlights the critical need for proper documentation and adherence to legal requirements in property transactions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD, JUSTICE
|
| Lawyers |
Sajid Nawaz Saddozai,
Haji Salim Nawaz Awan
|
| Petitioners |
Amir Muhammad Baloch
|
| Respondents |
AZIZUR-REHMAN AND OTHERS
|
| Citations |
2019 SLD 2928 = 2019 CLC 1710
|
| Other Citations |
Nasrullah Khan v. Resul Bibi 2001 SCMR 1156,
Dilawar Khan v. Mst. Badshah Zadi PLD 2011 Pesh. 208,
Ali Muhammad v. Chief Settlement and Rehabilitation Commissioner 1984 SCMR 94,
Fazal Jan's Case PLD 1992 SC 811,
Ghulam Ali's Case PLD 1990 SC 1,
Mst. Kulsoom Bibi and another v. Muhammad Arif and others 2005 SCMR 135,
Shah wali v. Muhammad Iqbal PLD 2005 Lah. 2014,
Rasheed and others v. Sher Aman and another PLD 2015 Pesh. 192,
Allah Ditta v. Muhammmad Bashir 1988 SCMR 1206,
Yousaf Ali's Case PLD 1985 SC 104,
Cresent Sugar Mill's Case PLD 1982 Lah. 1
|
| Laws Involved |
Transfer of Property Act, 1882,
Civil Procedure Code (V of 1908)
|
| Sections |
54,
115
|