| Case ID |
14a2c327-8113-4a2b-964a-6c95c71045f9 |
| Body |
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| Case Number |
R.F.A. No.182 of 2020 |
| Decision Date |
May 03, 2021 |
| Hearing Date |
Mar 22, 2021 |
| Decision |
The Islamabad High Court upheld the decision of the Trial Court, which had decreed the suit for specific performance and permanent injunction in favor of the petitioner, MST. Bushra Zubair. The court examined the evidence presented, including registered documents such as the Power of Attorney and sale-deed, which were found to be authentic. The court emphasized that registered documents carry a presumption of truth and require substantial evidence to challenge their authenticity. The appeal was dismissed, confirming that the petitioner was entitled to the property in question. |
| Summary |
In the case of R.F.A. No.182 of 2020, the Islamabad High Court addressed a dispute regarding the specific performance of a sale agreement for a plot of land. The petitioner, MST. Bushra Zubair, sought to enforce a sale agreement dated 13.05.1996, claiming that she had purchased the property from the late Muhammad Shafi, whose legal heirs contested the validity of the agreement, alleging forgery. The court examined the evidence, including the validity of the registered documents under the Registration Act of 1908 and the Specific Relief Act of 1877. The decision underscored the importance of registered documents in property transactions, noting that they carry a presumption of truth and require clear evidence to be deemed fraudulent. The court found no merit in the appellants' claims of forgery and upheld the Trial Court's ruling, thereby affirming the petitioner's rights to the property. This case highlights critical aspects of property law, including the sanctity of registered documents and the burden of proof on those challenging their authenticity. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
LUBNA SALEEM PERVEZ
|
| Lawyers |
Syed Muhammad Ali Bukhari,
Malik Talha Ahmad Rahim,
Suriya Mariam Khaleeq
|
| Petitioners |
8 OTHERS,
MST. HASSAN JAN
|
| Respondents |
3 OTHERS,
MST. BUSHRA ZUBAIR
|
| Citations |
2021 SLD 2718,
2021 MLD 1689
|
| Other Citations |
Nawab Din v. Bagh 1994 SCMR 1975,
Al-Haj Sheikh Abdul Hafeez v. Suhail Zaman PLD 2020 Kar. 208,
The Government of Iraq through Embassy of The Republic of Iraq v. Deedar Hussain 2016 YLR 2246,
Mrs. Sherbano v. Kamil Muhammad Khan PLD 2012 Sindh 293,
Malik Imam Bux v. Mehrab 1995 CLC 109,
Muhammad Yasin v. Allah Din 1991 CLC 1457,
Muhammad Shafi v. Muhammad Sarwar and others 1997 CLC 1231
|
| Laws Involved |
Registration Act, 1908,
Specific Relief Act, 1877
|
| Sections |
17,
12,
54
|