| Case ID |
2fd8ef1f-4fd1-4327-b61c-4cd64fa4ea68 |
| Body |
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| Case Number |
Civil Revision No. 465-P with C.M. No. 582 of 2013 |
| Decision Date |
Oct 07, 2020 |
| Hearing Date |
Oct 07, 2020 |
| Decision |
The High Court set aside the concurrent findings of the lower courts, which had ruled in favor of the plaintiff. The case revolved around the validity of inheritance mutations and the relationship between the parties involved. The High Court ruled that the plaintiff failed to establish that his sister was not married to the defendant, leading to the dismissal of the suit. The decision emphasized the importance of documentary evidence in the form of revenue records, which serve as presumptive evidence of title, and highlighted the significance of timely filing under the law of limitation. |
| Summary |
In the case of GUL MAST KHAN AND 5 OTHERS vs. ISRAR AND 15 OTHERS, the Peshawar High Court addressed a dispute concerning inheritance mutations under the Khyber Pakhtunkhwa Land Revenue Act and the Qanun-e-Shahadat. The plaintiff challenged the validity of a mutation attested 33 years prior, asserting that the defendant was not the husband of his sister. The trial court and lower appellate court had ruled in favor of the plaintiff, but the High Court found that the evidence presented, particularly the revenue records, indicated that the defendant was indeed the husband. The High Court emphasized that entries in the revenue record are presumptive evidence of title, and the burden of proof lies with the challenger to provide compelling evidence to the contrary. The court ultimately set aside the lower courts' decisions, declaring the suit time-barred and dismissing the plaintiff's claims. This case highlights the critical role of accurate documentation in property disputes and the necessity of adhering to statutory time limits in legal actions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Khan Ghawas Khan,
Miss Neelam A. Khan
|
| Petitioners |
5 OTHERS,
GUL MAST KHAN
|
| Respondents |
15 OTHERS,
ISRAR
|
| Citations |
2021 SLD 902,
2021 CLC 776
|
| Other Citations |
Evacuee Trust Property Board v. Ghulam Rasul Khokhar 1990 SCMR 725,
Fida Hussain v. Abdul Aziz PLD 2005 SC 343,
Atta Muhammad v. Maula Bakhsh 2007 SCMR 1446,
Mst. Grana through LRs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act,
Qanun-e-Shahadat
|
| Sections |
45,
64
|