| Case ID |
2c22f301-d5e4-41b7-bdb9-b9a2d8d3fff9 |
| Body |
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| Case Number |
Civil Revision No. 749 of 2002 |
| Decision Date |
Nov 18, 2002 |
| Hearing Date |
|
| Decision |
The High Court upheld the concurrent findings of the lower courts, which had dismissed the plaintiff's suit for declaration and permanent injunction regarding the possession of land. The plaintiff failed to prove his ownership and possession of the land in question, and the court found no material irregularity or illegality in the decisions of the trial and appellate courts. The revision petition was dismissed in limine, confirming that the lower courts had acted within their jurisdiction and properly evaluated the evidence presented. |
| Summary |
In the case of Essa Khan vs. Khan Gul, the Peshawar High Court dealt with the issues surrounding the possession of land and the validity of concurrent findings from lower courts. The plaintiff, Essa Khan, claimed to be in possession of the land as a 'Hissadar' and sought a declaration and permanent injunction against the defendant, Khan Gul, who allegedly interfered with his rights. The trial court and appellate court both dismissed the suit, leading to this revision petition under section 115 of the C.P.C. The High Court emphasized the importance of evidence and the role of concurrent findings by lower courts. The case highlights the principles of property rights, the burden of proof, and the standards for overturning lower court decisions. The ruling reinforces the legal standards for claims of possession and ownership, ensuring that due process is followed in civil litigation, which is critical for maintaining justice in property disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN, J
|
| Lawyers |
Amjad Khan
|
| Petitioners |
ESSA KHAN
|
| Respondents |
KHAN GUL
|
| Citations |
2003 SLD 3271,
2003 PLD 44
|
| Other Citations |
Mst. Rehmat Noor v. Halim Shah and 2 others PLD 1986 Pesh. 154,
Sardar Muhammad Zaman Khan v. Government of N.-W.F.P. 2001 CLC 1041,
Irshad Ali and another v. Munawar Khan 2001 CLC 1899
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
115
|