| Case ID |
371ebe3b-2998-4107-aeaf-f2e590686cd5 |
| Body |
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| Case Number |
Civil Revision No. 448-M of 2011 |
| Decision Date |
Aug 28, 2014 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed as the petitioner failed to prove ownership of the suit land, which was recorded in the name of the respondent. The appellate court's omission to decide on miscellaneous applications did not affect the merits of the case. The petitioner had not provided sufficient evidence regarding the alleged verbal sale, and the presumption of correctness attached to the revenue record was not successfully rebutted. |
| Summary |
In the case of Civil Revision No. 448-M of 2011, the Peshawar High Court dealt with a dispute regarding the ownership of a piece of land. The petitioner, JAN KHATTAK, claimed ownership based on a verbal agreement made in 1995, where he purportedly purchased the land for Rs. 22,000. However, the land was officially recorded in the name of the respondent, AQLEEMUN. The court emphasized the importance of the revenue record, which carries a presumption of truth and correctness. The petitioner failed to provide adequate details or evidence supporting his claim, leading to the dismissal of his appeal. The court ruled that even though the appellate court did not decide on certain miscellaneous applications, this omission did not nullify the main appeal's judgment. Strong evidence is required to rebut the presumption attached to official records, and since the petitioner could not provide such evidence, the court upheld the decision of the lower courts. This case underscores the significance of proper documentation and the challenges faced in proving ownership in property disputes, especially where oral agreements are concerned. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTAK, J.
|
| Lawyers |
Hamayun Khan,
Mir Akbar Khan
|
| Petitioners |
JAN KHATTAK
|
| Respondents |
3 others,
AQLEEMUN
|
| Citations |
2015 SLD 409 = 2015 CLC 290
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|