| Case ID |
1497fe61-4f5b-4321-b343-b64d2f6c001a |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 27 of 2006 |
| Decision Date |
Mar 02, 2012 |
| Hearing Date |
Oct 03, 2011 |
| Decision |
The Balochistan High Court dismissed the petition challenging the judgments of the lower courts, which had previously upheld the dismissal of the petitioners' suit for cancellation of a mutation entry and sale agreement. The court found that the petitioners failed to meet their burden of proof regarding allegations of fraud, coercion, and undue influence. The court noted that the initial burden lies with the plaintiff to establish that they were unaware of the documents in question, and that the suit was filed within the prescribed limitation period. The court also emphasized the legal provisions allowing co-owners to transfer their share in joint property before partition. The petitioners' claims of threats and undue influence were not substantiated by evidence, and thus the court upheld the decisions of the lower courts. |
| Summary |
This case revolves around a civil revision petition filed by BIBI SAKINA and others against Haji ASMATULLAH regarding the cancellation of a mutation entry and sale agreement. The legal principles applied pertain to the Specific Relief Act and the Limitation Act, particularly concerning the burden of proof in cases alleging fraud and coercion. The petitioners contended that they were misled into a transaction involving a significant amount of money and that the courts below failed to recognize the fraud involved. However, the Balochistan High Court found that the petitioners did not adequately prove their claims, particularly regarding their knowledge of the transaction and the legitimacy of the agreements made. The court's decision highlights the importance of clear evidence in establishing claims of fraud and the rights of co-owners in property transactions. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. SYEDA TAHIRA SAFDAR, J
|
| Lawyers |
Habib Tahir
|
| Petitioners |
,
BIBI SAKINA
|
| Respondents |
,
Haji ASMATULLAH
|
| Citations |
2012 SLD 2367,
2012 YLR 1454
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act,
Limitation Act,
Qanun-e-Shahadat,
Transfer of Property Act,
Contract Act,
Civil Procedure Code
|
| Sections |
39,
IX of 1908, Arts. 91 & 114,
10 of 1984, Art. 117,
IV of 1882, Ss. 44 & 47,
IX of 1872, Ss. 15 & 16,
V of 1908, O. VI, R. 4,
10 of 1984, Arts. 117 & 118
|