| Case ID |
1f6ff9ef-24e4-4373-9312-53a9cf08ce17 |
| Body |
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| Case Number |
Civil Revision No. 244-A of 2007 |
| Decision Date |
Jan 25, 2021 |
| Hearing Date |
Jan 25, 2021 |
| Decision |
The High Court dismissed the revision petition filed by the petitioner, Muhammad Hanif, against the decisions of the lower courts. The case revolved around the legitimacy of a gift-mutation and a registered sale-deed concerning certain immovable properties. The court emphasized that the petitioner failed to establish the genuineness of the registered sale-deed and that the gift-mutation in favor of the respondents was valid. The court ruled that the presumption of truth attached to registered documents necessitated the respondents to prove the validity of the gift-mutation, which they successfully did. The concurrent findings of the lower courts were upheld, concluding that there was no legal ground for interference. |
| Summary |
In the case of Civil Revision No. 244-A of 2007, the Peshawar High Court dealt with a dispute over a gift-mutation and a registered sale-deed involving Muhammad Hanif as the petitioner and Zardad Khan and others as respondents. The petitioner argued that the gift-mutation was fraudulent and lacked the necessary elements of a valid gift under the Specific Relief Act, 1877. The court found that the presumption of truth associated with registered documents placed the burden on the respondents to prove the legitimacy of their claim. The court upheld the findings of the lower courts that the gift-mutation was valid and dismissed the revision petition, emphasizing the importance of proper legal procedures in property disputes. This case highlights the complexities of property law, especially regarding the transfer of immovable property and the evidentiary standards required to challenge registered documents. Legal practitioners and property owners should take note of the implications of this ruling, particularly in ensuring that all necessary legal requirements are met when executing property transfers. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD, JUSTICE
|
| Lawyers |
Ikram-ul-Qayyum,
Haji Ghulam Basit
|
| Petitioners |
MUHAMMAD HANIF
|
| Respondents |
OTHERs,
ZARDAD KHAN
|
| Citations |
2021 SLD 1518,
2021 YLR 1090
|
| Other Citations |
Mst. Jabeda Khatoon v. Moheed Ali AIR 1973 Gauhati 105,
Mst. Nagina Begum v. Mst. Tahzim Akhtar and others 2009 SCMR 632,
Ghulam Ghaus v. Muhammad Yasin and another 2009 SCMR 70,
Tahir Pervez v. Muhammad Sadiq and others 2005 CLC 346
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42,
54
|