| Case ID |
47cdc402-8184-4a43-860c-00aca4587ef6 |
| Body |
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| Case Number |
C.R. No. 225 of 2002 |
| Decision Date |
Oct 13, 2006 |
| Hearing Date |
Oct 13, 2006 |
| Decision |
The Peshawar High Court dismissed the civil revision filed by the petitioners, affirming the concurrent findings of fact by the lower courts. The court noted that any interference with the factual conclusions drawn by the trial and appellate courts under Section 115 of the Civil Procedure Code was not warranted unless it was shown that there was a perverse appreciation of evidence. The court upheld the reasoning of the lower courts, stating that all material evidence was duly considered and no legal or factual infirmities were identified that would justify a reconsideration of the case. Therefore, the petitioners' arguments regarding improvements and misreading of evidence were found to be unsubstantiated, leading to the dismissal of the revision without any order as to costs. |
| Summary |
This case revolves around a civil revision application concerning property rights and claims of ownership by the petitioners, H. Sarfaraz and others, against the respondents, Abdul Hanan and others. The petitioners claimed ownership of the suit land inherited from their predecessor, while the respondents contested this by asserting improvements made on the property. The lower courts ruled in favor of the petitioners, leading to an appeal that was dismissed. The Peshawar High Court, in its review, underscored the importance of evidence appreciation and the limits of its revisional jurisdiction under the Civil Procedure Code. The court's decision highlights the principles of ownership claims, concurrent findings of fact, and the procedural standards necessary for appealing lower court decisions. This case is significant for legal practitioners dealing with property disputes and civil procedure matters, making it a relevant reference for similar cases in the future. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN, J.
|
| Lawyers |
Mr. M. Ismail Khalil, Advocate for Petitioners,
Sh. Wazir Muhammad, Advocate for Respondents
|
| Petitioners |
H. SARFARAZ and others
|
| Respondents |
ABDUL HANAN and others
|
| Citations |
2007 SLD 3213,
2007 PLJ 137
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
115
|