| Case ID |
39ea84ed-e709-43b6-ba8d-6dee39e2e3d8 |
| Body |
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| Case Number |
Civil Appeal No.175 of 2005 |
| Decision Date |
Jul 23, 2008 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the decisions of the lower courts were set aside. The court found that the plaintiffs had established their ownership of the disputed land based on documents that were over thirty years old, which carried a presumption of truth according to Article 100 of the Qanun-e-Shahadat, 1984. The evidence provided by the defendants did not support their claims, and thus the decree in favor of the plaintiffs was granted. |
| Summary |
In the case of Civil Appeal No.175 of 2005, the High Court (AJ&K) addressed a dispute regarding ownership of specific land parcels. The plaintiffs, led by Muhammad Iqbal, claimed ownership based on documents dated over thirty years, invoking the presumption of genuineness under Article 100 of the Qanun-e-Shahadat, 1984. Despite the trial and appellate courts dismissing their claims for lack of evidence, the High Court found that the plaintiffs had substantiated their claims with credible historical documentation. The defendants, represented by Muhammad Boota, failed to produce compelling evidence to refute the plaintiffs' ownership claims. The court emphasized the importance of documentary evidence in property disputes and upheld the legal principle that older documents, when presented properly, are presumed to be authentic unless proven otherwise. The decision reinforces the legal standards surrounding the presumption of ownership and the evaluation of evidence in property litigation. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAFIULLAH SULTANI, J
|
| Lawyers |
Abdul Latif Datt,
Abdul Qayyum Ansari,
Ch. Riaz Alam
|
| Petitioners |
,
MUHAMMAD IQBAL
|
| Respondents |
,
MUHAMMAD BOOTA
|
| Citations |
2009 SLD 470,
2009 CLC 250
|
| Other Citations |
2001 MLD 493,
1999 CLC 106,
PLD 1982 SC (AJ&K) 37
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Evidence Act (1 of 1872)
|
| Sections |
100,
179,
79,
90
|