| Case ID |
2601d322-29cb-46a9-8ac5-0bc84f214579 |
| Body |
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| Case Number |
Civil Revisions Nos. 227-P and 129-P of 2009 |
| Decision Date |
Oct 11, 2018 |
| Hearing Date |
Oct 11, 2018 |
| Decision |
The Peshawar High Court ruled that a suit for mere declaration without seeking consequential relief for possession is not maintainable. The plaintiffs claimed ownership of a half share in a mountain, which was not in direct possession of any party and was used only as a pasture. The court found that the previous rulings were based on proper evidence. The revision petitions were dismissed as the findings of the lower courts were upheld. |
| Summary |
In the case of Civil Revisions Nos. 227-P and 129-P of 2009, the Peshawar High Court addressed the issue of maintainability of a suit for declaration under the Specific Relief Act. The plaintiffs, claiming ownership of a mountain used as pasture, were not required to seek possession as the property was not in direct possession of any party. The court emphasized the importance of proper evidence and adherence to procedural requirements in civil litigation. This case highlights critical aspects of property law and civil procedure, particularly in relation to joint ownership and the nature of claims in disputes involving land. Understanding these legal principles is vital for advocates and legal practitioners in similar cases. The decision reinforces the need for clarity in pleadings and the necessity of raising all relevant questions at the appropriate stages of litigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI, JUSTICE
|
| Lawyers |
Altaf Ahmad,
Sardar Abdul Hakeem Tajik,
Zia-ur-Rahman,
Hazrat Rehman,
Muhammad Yar Malezai,
Syed Abdul Haq
|
| Petitioners |
SHER ALAM AND OTHERS
|
| Respondents |
MUHAMMAD HAROON KHAN AND OTHERS
|
| Citations |
2020 SLD 1053,
2020 MLD 514
|
| Other Citations |
Government of West Pakistan (Now Punjab) through Collector Bahawalpur v. Haji Muhammad PLD 1976 SC 469,
Hakim Ali v. Muhammad Salim and another 1992 SCMR 46,
Mst. Salima Bibi v. Mst. Halima Bibi 1994 SCMR 1858,
Binyameen and 3 others v. Chaudhary Hakim and another 1996 SCMR 336,
Muhammad Wali Khan and another v. Gul Sarwar Khan and another PLD 2010 SC 965
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
115
|