| Case ID |
2c6f63f8-2992-4828-abd7-0071736902cd |
| Body |
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| Case Number |
C.R. No. 1320 of 2011 |
| Decision Date |
Feb 16, 2015 |
| Hearing Date |
Feb 16, 2015 |
| Decision |
The court dismissed the revision petition along with connected C.R. No. 1321/2011, affirming the decisions of the lower courts. The petitioners failed to prove their claims regarding the entire share of Mir Baz and were unable to present confidence-inspiring evidence to support their arguments. The court upheld the possession of the respondents over the property and found that the entries in the revenue record were incorrect. The courts below had applied an independent mind in their decisions, and the objections raised by the petitioners were not permissible at the revisional stage. |
| Summary |
This case revolves around a dispute regarding property ownership and the validity of mutations affecting the rights of the plaintiffs. The petitioners claimed that they had acquired the entire share of Mir Baz through a disputed mutation. However, the court found that the petitioners failed to provide adequate evidence to support their claims, while the respondents were in possession of the property. The ruling emphasized the importance of accurate revenue records and the inability of the petitioners to transfer a better title than what they held. The decision highlights the significance of legal representation and the necessity for parties to substantiate their claims with credible evidence in property disputes. Additionally, the judgment underscores the legal principles governing property ownership and the implications of erroneous mutations in the revenue record, which can lead to significant legal consequences for the parties involved. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN, JUSTICE
|
| Lawyers |
Ibadur Rehman,
Haji Riaz Muhammad Khan
|
| Petitioners |
Dr. SHAHABUD DIN and OTHERS
|
| Respondents |
ITBAR GUL and OTHERS
|
| Citations |
2016 SLD 3112,
2016 MLD 822
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|