| Case ID |
5135fda5-ac0a-493f-98e6-421a72753fba |
| Body |
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| Case Number |
Civil Revision (T) No.04 of 2015 |
| Decision Date |
Dec 28, 2021 |
| Hearing Date |
Dec 28, 2021 |
| Decision |
The petitioner/defendant challenged the judgments and decrees passed by the Senior Civil Judge and Additional District Judge, which decreed the respondents/plaintiffs' suit. The High Court found that the lower courts misread and failed to consider key pieces of evidence regarding the presumption of correctness of mutation entries under the Balochistan Land Revenue Act. The Court emphasized that the burden of proof lies on the party claiming title and possession, and that mere assertions without substantial evidence are insufficient. Ultimately, the High Court set aside the lower courts' decisions, dismissing the suit of the plaintiffs and leaving the parties to bear their own costs. |
| Summary |
In the case of Civil Revision (T) No.04 of 2015 before the Balochistan High Court, the petitioner Yousuf challenged the decrees that favored the respondents Muhammad Akbar and others regarding land ownership. The court examined the application of the Specific Relief Act, Balochistan Land Revenue Act, and Qanun-e-Shahadat concerning the presumption of correctness of land mutation entries. The High Court concluded that the lower courts incorrectly placed the burden of proof on the wrong party and disregarded the existing evidence. This landmark decision reinforces the principles of land ownership and the importance of proper evidence in civil suits. The case highlights the critical nature of understanding legal obligations, limitations, and the evidentiary standards required to substantiate claims in property disputes. Legal professionals and parties involved in similar cases should be aware of the implications of this ruling for future litigation, particularly in land revenue matters. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Abdul Hameed Baloch, J
|
| Lawyers |
Nasar-ud-Din Kakar,
Shay Khalid Hussain,
Shahid Hussain Baloch,
Allauddin Kakar
|
| Petitioners |
Yousuf
|
| Respondents |
Muhammad Akbar and others
|
| Citations |
2024 SLD 3158,
2024 CLC 1085
|
| Other Citations |
Haji Wajdad v. Provincial Government through Secretary Board of Revenue, 2020 SCMR 2046,
Mazloom Hussain v. Abid Hussain, PLD 2008 SC 571,
Bakhat Ali v. Shah Nawaz PLD 2006 Kar. 497,
Badar-uz-Zaman case's 1996 CLC 202,
Nazir Ahmed deceased through legal heirs v. Karim Bakhsh 2017 SCMR 1934
|
| Laws Involved |
Specific Relief Act, 1877,
Balochistan Land Revenue Act, 1967,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
54,
52,
117,
120
|