| Case ID |
2acfebb2-de3f-4545-9e91-89d870378b56 |
| Body |
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| Case Number |
C.R. No. 165-B of 2013 |
| Decision Date |
Apr 17, 2015 |
| Hearing Date |
Apr 17, 2015 |
| Decision |
The revision petition was dismissed as the plaintiffs (petitioners) failed to provide credible evidence to substantiate their claims of fraud and misrepresentation. The court upheld the presumption of truth associated with the ninety-year-old sale deed, reinforcing the defendants' ownership. The plaintiffs' allegations of fraud lacked specific particulars and were not proven with credible evidence. The suit was also deemed time-barred as it was filed nearly 90 years after the alleged fraudulent deed. The court emphasized that the burden of proof rested on the plaintiffs to demonstrate their ownership and the alleged fraud, which they failed to do. |
| Summary |
This case revolves around a legal dispute regarding property ownership, where the plaintiffs claimed that their grandfather was the rightful owner of the property based on historical documents. However, the defendants produced a sale deed dated 25.01.1919, which was acknowledged by the courts as a legitimate document, thus establishing their ownership. The case highlighted the importance of credible evidence in proving allegations of fraud and the presumption of truth attached to long-standing revenue records. The plaintiffs' failure to provide substantial evidence led to the dismissal of their suit. This case underscores the critical nature of maintaining accurate property records and the legal implications of fraudulent claims. Property law, ownership disputes, and legal procedures were key themes in this ruling, making it a significant reference point for similar cases in the future. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Younis Thaheem, Justice
|
| Lawyers |
Gul Diaz Wazir for Petitioners,
Pir Hamid Ullah Shah for Respondents
|
| Petitioners |
Salar Khan Through L.Rs.S
|
| Respondents |
Umer Riaz Through L.Rs.
|
| Citations |
2016 SLD 2132,
2016 YLR 279
|
| Other Citations |
Muhammad Hussain and others v. Khuda Bakhsh 1989 SCMR 1563,
Syed Tawakkal Hussain and others v. Mst. Shameem Fatima Rizvi and others 1999 MLD 1,
Mst. Qaisar Khatoon and others v. Moulvi Abdul Khaliq and another PLD 1971 SC 334,
Allah Dad and others v. Dhuman Khan and others 2005 SCMR 564,
Noor Muhammad v. Jamal Din and others 2000 CLC 305,
Ghulam Rasul v. Muhammad Akram 1988 SCMR 1080,
Muhammad Ishfaq v. Chouhdri Muhammad Nawaz 2008 SCMR 1095,
Haji Abdul Ghafoor through legal heirs v. Ghulam Sadiq through legal heirs PLD 2007 SC 43,
Muhammad Saleem v. Muhammad Tariq 2009 CLC 1295,
Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
8,
39,
42,
54,
55,
100,
126,
115
|