| Case ID |
1089e62c-7228-42e4-b1a8-a069a759d82f |
| Body |
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| Case Number |
C.R. No. 265-A of 2012 |
| Decision Date |
Dec 08, 2017 |
| Hearing Date |
|
| Decision |
The trial court's ruling was upheld by the High Court, which found that the parties had mutually agreed to submit their dispute regarding the thumb impression on the sale mutation to an expert. The expert confirmed the thumb impression, leading to the dismissal of the plaintiff's suit and the decree of the defendants' suits. The appellate court's reversal of this decision was deemed erroneous as it failed to recognize the binding nature of the expert's opinion agreed upon by both parties. Consequently, the appellate judgment was set aside, restoring the trial court's decision. |
| Summary |
In the case of C.R. No. 265-A of 2012, the Peshawar High Court addressed a dispute concerning the Khyber Pakhtunkhwa Land Revenue Act and the principle of estoppel under Qanun-e-Shahadat. The case revolved around a sale mutation and the validity of thumb impressions provided by the parties involved. The trial court originally ruled in favor of the defendants after an expert confirmed the thumb impression of the plaintiff on the sale mutation. The appellate court, however, reversed this ruling, citing non-conclusive expert evidence. The High Court reinstated the trial court's decision, emphasizing that the parties had agreed to the expert's binding opinion, and the principle of estoppel prevented the plaintiff from changing his position post-expert report. This case highlights the importance of expert evidence in property disputes and the legal implications of mutual agreements between parties. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Syed Arshad Ali
|
| Lawyers |
Muhammad Naeem Anwar,
Syed Ajjad Hassan Shah
|
| Petitioners |
Muhammad Naeem Anwar
|
| Respondents |
Rahim Khan,
Gul Bad Shah,
Lal Bad Shah
|
| Citations |
2019 SLD 890,
2019 MLD 496
|
| Other Citations |
Hashim Ali v. Asghar Ali 2014 YLR 2150,
Dr. Muhammad Javaid Shafi v. Syed Rashid Arshad and others PLD 2015 SC 212
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act,
Qanun-e-Shahadat
|
| Sections |
42,
114
|