| Case ID |
735ccac5-a77f-40a8-9837-fcb02f42cfcb |
| Body |
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| Case Number |
Civil Revision No. 1116 of 2003 |
| Decision Date |
Apr 12, 2004 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the revision petition filed by Mst. Gul Faroosha challenging the decisions of the lower courts regarding the ownership of land measuring 36 Kanals. The court found that the petitioner failed to provide convincing and reliable evidence to prove the authenticity of the gift deed and dower deed. The concurrent findings of the lower courts were upheld, emphasizing that the presumption of genuineness for documents over thirty years old is discretionary and not absolute. The court noted that the petitioner did not raise timely objections to inheritance mutations and that the evidence presented raised substantial doubts about the validity of the claims made. |
| Summary |
In the case of Mst. Gul Faroosha vs. Muhammad Rahim and others, the Peshawar High Court addressed critical issues regarding property ownership, Islamic law on gifts, and evidentiary standards in civil suits. The case centered around a dispute over a gift deed and dower deed allegedly executed over 30 years prior, with Mst. Gul Faroosha claiming ownership of land based on these documents. However, the court highlighted that the petitioner could not sufficiently prove the authenticity of the deeds, which were deemed suspicious and fabricated. The ruling underscored the importance of reliable evidence in property disputes and reaffirmed the principles of Islamic law regarding the completion of gifts. The court's decision serves as a vital reference for similar cases involving property ownership claims based on historical documents and the interpretation of Islamic legal principles regarding gifts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayum Qureshi, J
|
| Lawyers |
Mian Muhammad Younis Shah,
Ziaur Rehman
|
| Petitioners |
Mst. Gul Faroosha
|
| Respondents |
others,
Muhammad Rahim
|
| Citations |
2004 SLD 1902,
2004 CLC 1211
|
| Other Citations |
Lutufur Rehman and others v. Zahoor and others 1999 SO 433,
Shafiqunnisa v. Shabar Ali Khan 30 IA 217,
AIR 1926 PC 100,
1987 SCMR 1403,
PLJ 1987 SC 149,
1989 CLC 1317,
PLD 1984 Pesh. 260,
AIR 1942 All. 82,
AIR 1963 SC 1917,
1999 SCJ 433,
1997 MLD 754,
Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403,
Mst. Gul Bibi and another v. Mst. Sajida Bibi 2000 CLC 399
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908),
Islamic Law
|
| Sections |
100,
115
|