| Case ID |
2ab7404c-845c-4ff2-bad0-46ebebd5b196 |
| Body |
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| Case Number |
C.R. No. 418-P of 2017 |
| Decision Date |
Sep 21, 2020 |
| Hearing Date |
Sep 21, 2020 |
| Decision |
The Peshawar High Court dismissed the revision petition filed by MST. HUSSAN BANO, challenging the concurrent findings of the lower courts regarding her claim of ownership over disputed property. The court found that the petitioner failed to prove her possession since 1972 and did not provide convincing evidence to support her claims. The judgment emphasized that mere pleadings are insufficient to establish a decree and that the petitioner must substantiate her claims with credible evidence. The court upheld the decisions of the lower courts, which had dismissed her suit for declaration and subsequent appeals, confirming that the petitioner did not meet the requirements under the relevant laws. |
| Summary |
In the case of MST. HUSSAN BANO vs. MST. ASIA KHATOON, the Peshawar High Court addressed a revision petition concerning a property dispute. The petitioner, MST. HUSSAN BANO, claimed ownership based on a deed executed in 1972, arguing that her possession had been continuous since that time. However, the court found that the evidence presented did not sufficiently establish her claims, particularly noting the lack of corroboration from her attorney regarding her possession. The court reiterated the legal principles that require pleadings to be supported by evidence and emphasized that the age of the document alone does not guarantee its validity without proper proof of execution. The decision highlighted the importance of presenting convincing and positive evidence in property disputes and reaffirmed the concurrent findings of the lower courts, which had dismissed her claims. This case serves as a critical reminder of the evidentiary standards required in civil litigation, particularly in property-related matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAEEM ANWAR, JUSTICE
|
| Lawyers |
Mr. Akhunzada Asad Iqbal
|
| Petitioners |
MST. HUSSAN BANO
|
| Respondents |
MST. ASIA KHATOON
|
| Citations |
2021 SLD 1998,
2021 PLJ 1
|
| Other Citations |
1997 SCMR 837,
2014 SCMR 161
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
115,
42
|