| Case ID |
234b4cfc-0d5c-44c3-96c0-80c760590c53 |
| Body |
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| Case Number |
C.R. No. 96-B of 2015 |
| Decision Date |
Feb 02, 2022 |
| Hearing Date |
Feb 02, 2022 |
| Decision |
The Peshawar High Court, Bannu Bench, presided by Judge Muhammad Naeem Anwar, upheld the dismissal of the petition filed by Noor Shah Ali Khan alias Nawarish Ali Khan. The court affirmed the concurrent findings of the lower courts, concluding that the petitioner failed to substantiate claims regarding the authenticity of property mutations and the validity of the alleged gift. Reliant on the Specific Relief Act, 1877, and supported by multiple precedents, the court determined that the petitioner did not provide sufficient evidence to challenge the registered mutations or the transfer of property ownership. Consequently, the petition seeking declarations and injunctions was dismissed, maintaining the status quo of the property records. |
| Summary |
In the landmark case of Noor Shah Ali Khan alias Nawarish Ali Khan versus Khan Momin and six others, adjudicated by the Peshawar High Court, Bannu Bench on February 2, 2022, the petitioner challenged the validity of property mutations and sought declarations and injunctions under the Specific Relief Act, 1877. The court meticulously examined the evidence presented, including disputed mutations and forensic expert reports, and found the petitioner lacked sufficient proof to invalidate the property transfers. Key legal principles regarding the burden of proof in cases of alleged fraud and the authenticity of long-standing documents were reinforced. The judgment referenced multiple precedents, emphasizing the necessity for concrete evidence when disputing property ownership and mutations. Ultimately, the court dismissed the petition, upholding the integrity of the registered property records and the decisions of the lower judiciary. This case underscores the importance of robust evidence in litigation involving property disputes and the reaffirmation of established legal standards in the face of contested claims. Legal professionals and stakeholders in property law can derive significant insights from this decision, particularly concerning the application of the Specific Relief Act and the evidentiary requirements for challenging property mutations. The judgment serves as a pivotal reference for future cases involving similar legal intricacies, promoting judicial consistency and the protection of legitimate property rights. |
| Court |
Peshawar High Court, Bannu Bench
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Haji Zafar Iqbal,
Aslam Khan Michen Khel,
Faqir Mehbub-ul-Hameed,
Kazim Raza
|
| Petitioners |
NOOR SHAH ALI KHAN alias NAWARISH ALI KHAN
|
| Respondents |
KHAN MOMIN and 6 others
|
| Citations |
2022 SLD 1663,
2022 PLJ 89
|
| Other Citations |
2014 SCMR 1469,
2016 SCMR 1417,
2009 SCMR 598,
2016 SCMR 862,
2005 SCMR 135,
2015 CLC 719,
PLJ 2003 SC 28,
2007 SCMR 838,
2006 SCMR 1304,
PLD 2003 SC 155,
2011 CLC 989,
PLD 2019 Peshawar 202,
2008 CLC 1426,
PLD 2020 SC 338,
2017 SCMR 1110,
NLR 2008 (Rev:) 97,
2017 YLR 2248,
2016 SCMR 662,
2013 SCMR 168,
2017 SCMR 402,
2012 SCMR 1373,
2016 CLC 43,
NLR 2011 (Civil) 01,
Muhammad Asghar and others vs. Hakam Bibi through L.Rs and others (2015 CLC 719),
Ghulam Haider 2003 SCMR 1829,
Muhammad Ashraf 1989 SCMR 1390,
Barkat Ali 2002 SCMR 1938,
Ch. Muhammad Shafi vs. Shamim Khanum (2007 SCMR 838),
Muhammad Naseem Fatima’s case (PLD 2005 Supreme Court 455)
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42,
54,
55
|