Legal Case Summary

Case Details
Case ID 4447b3ae-ded6-482e-b1f4-f4753c3c231c
Body View case body.
Case Number
Decision Date Mar 18, 2006
Hearing Date
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
Other Citations Not available
Laws Involved Specific Relief Act (I of 1877)
Sections 8, 42