| Case ID |
5179d631-1202-44f2-a893-b704f9d3104b |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 12 of 2012 |
| Decision Date |
Nov 19, 2013 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed as the petitioners failed to provide sufficient evidence to prove their claims regarding the ownership of the suit property. The courts below had correctly assessed the evidence and concluded that the transfer deed was valid and the respondents had improved the property significantly. The petitioners did not substantiate their claims that the property was temporarily given or was a gift. Moreover, the court held that the discretion to appoint a local commissioner for spot inspection is not mandatory and can be denied if the matter can be resolved through the evidence provided by the parties. |
| Summary |
In the case of Civil Revision No. 12 of 2012, the Peshawar High Court dealt with a dispute involving ownership of property under the Specific Relief Act, 1877. The petitioners, MUNAWAR AHMAD and others, contested the validity of a transfer deed that allegedly transferred ownership of the property to the respondents, REHMAT KHAN. The petitioners claimed the deed was forged and that they were the rightful owners of the ancestral property. However, the court found that the petitioners failed to provide any evidence supporting their claims. The respondents were able to demonstrate that they had improved the property and had valid documentation supporting their ownership. The court emphasized that concurrent findings of fact by the lower courts could not be disturbed unless they were found to be perverse or illegal. This case highlights the importance of presenting credible evidence in property disputes and the discretionary nature of appointing local commissioners for inspections. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MANZOOR HUSSAIN, J
|
| Lawyers |
Latifullah Khan for Petitioners,
Ahmad-ud-Din Khan for Respondent
|
| Petitioners |
others,
MUNAWAR AHMAD
|
| Respondents |
REHMAT KHAN
|
| Citations |
2015 SLD 399,
2015 CLC 250
|
| Other Citations |
Nazir Ahmad and others v. Muhammad Qasim and others 2004 SCMR 1292,
Dr. Tahir Mehmood Awan v. Tariq Mehmood and others 2006 MLD 1457,
Jalal Khan and 10 others v. Kando Malik and 24 others 2003 SCMR 1351
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
O.XXVI,R.9
|