| Case ID |
1f4e9fdc-1fc0-4388-9ca9-d2b87f32452c |
| Body |
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| Case Number |
C.R. No. 334-A of 2010 |
| Decision Date |
Dec 11, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court set aside the judgments and decrees passed by the lower courts, declaring the sale through the impugned mutation illegal. The court held that a co-sharer cannot alienate property beyond their share, and the vendor's actions constituted collusion with revenue officials. The petitioners' claims were upheld, and the impugned mutation was annulled, reaffirming the principle that ownership cannot exceed what is legally held. |
| Summary |
In the case of MST. IRUM UN NISA AND 8 OTHERS VS MST. NAZ PARVER AND ANOTHER, the Peshawar High Court addressed issues surrounding the Khyber Pakhtunkhwa Land Revenue Act and the Transfer of Property Act. The court examined whether a co-sharer could sell land beyond their entitled share. The ruling clarified that the revenue record's entries do not confer actual title and that any sale exceeding ownership rights is invalid. The judgment emphasized the legal principle that no person can transfer better title than they own, setting a precedent for future property disputes. This case highlights the importance of adhering to statutory limits in land transactions, ensuring equitable distribution among co-sharers. Keywords: property law, co-sharer rights, land revenue act, transfer of property act, legal ownership. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Muhammad Ayub Khan,
Sultan Ahmed Jamshed
|
| Petitioners |
MST. IRUM UN NISA,
8 OTHERS
|
| Respondents |
ANOTHER,
MST. NAZ PARVER
|
| Citations |
2019 SLD 427,
2019 CLC 335
|
| Other Citations |
PLD 1959 SC 09,
1986 SCMR 356,
1994 SCMR 2087,
1998 SCMR 1589,
2005 SCMR 911,
1984 SCMR 94
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967),
Transfer of Property Act, 1882
|
| Sections |
42,
54
|