| Case ID |
4447b3ae-ded6-482e-b1f4-f4753c3c231c |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Mar 18, 2006 |
| Hearing Date |
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| Decision |
The petitioners challenged the judgment and decree dated 18-3-2006 regarding a suit for partition of a house. The appellate court upheld the trial court's decision to grant 1/3 share to one plaintiff while denying the claim of the other. The defendants failed to produce any evidence of ownership over the property, and their claims were dismissed. The decision emphasized the importance of documentary evidence in property disputes and maintained the judgments of the lower courts. |
| Summary |
In this case, the petitioners sought to restore a judgment favoring their claim for a 2/3 share of a house based on Kabinnama/Nikahnamas. The trial court's partial decree was appealed by one plaintiff, resulting in the appellate court confirming the ownership of both plaintiffs. The defendants could not substantiate their claims against the plaintiffs' documented evidence, leading to a dismissal of their petition. This case underscores the necessity of providing credible evidence in property disputes and the legal implications of failing to produce such evidence in court. The ruling confirms that private documents not part of the original case cannot be considered at the revisional stage, reinforcing the need for proper documentation in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL, J
|
| Lawyers |
Haji Muhammad Zahir Shah for Petitioners,
Mazullah Khan Barkandi for Respondents
|
| Petitioners |
Mst. MAH RUKH JAN and others
|
| Respondents |
Mst. NUSRAT BIBI and others
|
| Citations |
2010 SLD 2538,
2010 CLC 887
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| Other Citations |
Not available
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| Laws Involved |
Specific Relief Act (I of 1877)
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| Sections |
8,
42
|