| Case ID |
5132c5a4-4eb7-495c-a130-99b416a777fb |
| Body |
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| Case Number |
C.R. No. 414-M of 2013 with C.M. 619 of 2013(N) |
| Decision Date |
Feb 27, 2019 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the revision petition filed by Muhammad Hanif and others against the judgment of the learned Additional District Judge, which upheld the decree favoring the plaintiffs regarding the ownership of the disputed property claimed to be a Serai land reserved for the mosque. The Court found that the defendants failed to establish their claim of ancestral ownership over the property and affirmed that it was designated for the Imam's service. The ruling emphasized the importance of customary practices in determining land ownership and the specific nature of Serai land, which is typically reserved for religious purposes. The decision was consistent with previous case law regarding the rights attached to Serai properties. |
| Summary |
This case revolves around the interpretation of ownership rights related to the disputed land, identified as Serai, which was asserted by the plaintiffs to be reserved for the mosque in the village of Delay. The court analyzed the customs surrounding land assignments in Swat, emphasizing that the term 'Serai' lacks a uniform definition and is traditionally associated with lands allocated for religious services. The ruling highlighted that the defendants, while claiming ancestral rights, could not substantiate their claims against the documented evidence supporting the plaintiffs' assertions. The court's decision reaffirms the significance of local customs and the legal principles governing land use and ownership in Pakistan, particularly the Specific Relief Act, 1877, and the Khyber Pakhtunkhwa Land Revenue Act, 1967. Keywords: land ownership, Serai, mosque, Peshawar High Court, Specific Relief Act, Khyber Pakhtunkhwa, legal precedent. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Mukaram Shah,
Abdul Halim Khan
|
| Petitioners |
MUHAMMAD HANIF THROUGH LEGAL HEIRS
|
| Respondents |
WATAN NABI AND 33 OTHERS
|
| Citations |
2020 SLD 264,
2020 MLD 75
|
| Other Citations |
Sajawal Shah and another v. Syed Rahim Shah and others PLD 1995 SC 325,
Aziz-ur-Rahman v. Atai Khan PLD 1976 Pesh. 60,
Muhammad Atiq and others v. Tayabuddin PLD 1998 Pesh. 47,
Mian Tayyabuddin v. Muhammad Atiq PLD 2004 SC 321,
Hakeem Shah v. Sawab Khan PLD 2002 SC 200,
Muhammad Saleem Shah's case PLD 2002 SC 280
|
| Laws Involved |
Specific Relief Act, 1877,
Khyber Pakhtunkhwa Land Revenue Act, 1967
|
| Sections |
42,
54
|