| Case ID |
e1dbf6f6-b3b3-4310-8bae-706dea5bf9eb |
| Body |
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| Case Number |
C.M. No.223 of 2004 in Civil Revision No.1108 of 2 |
| Decision Date |
Nov 28, 2007 |
| Hearing Date |
|
| Decision |
The court dismissed the civil revision as the petitioners failed to prove that the respondent did not have a valid sale in his favor. The evidence presented, particularly the testimony of the widow of the last male owner of the suit land, supported the respondent's claim of a valid sale. The court found that the widow's statement, made against her own interest, confirmed the sale and delivery of possession to the respondent. The court noted that the necessary evidence to challenge the validity of the mutation and sale was not sufficiently established by the petitioners, leading to the dismissal of their revision petition under section 115 of the Civil Procedure Code. |
| Summary |
This case revolves around a dispute over the ownership of land following the death of the last male owner, Baja. The petitioners, who are relatives of Baja, contested the validity of a sale mutation that the respondent claimed was made in his favor by Baja. The court examined the evidence, including testimonies presented at the trial, and noted that the widow of the deceased supported the respondent's claims regarding the sale. The court ultimately determined that the evidence did not substantiate the petitioners' allegations against the validity of the sale, leading to the dismissal of the civil revision. This case highlights the importance of proper documentation and evidence in property disputes, especially concerning mutations and sales. The ruling emphasizes the court's role in interpreting the evidence presented and the weight of testimonies, particularly when they contradict the witness's interests. Key legal principles from the Civil Procedure Code and the Specific Relief Act were applied in reaching this decision, ensuring that due process was followed in adjudicating the case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Sh. Fazal Elahi Shahid
|
| Petitioners |
SAADULLAH and 6 others
|
| Respondents |
MUHAMMAD SARWAR through L.Rs.
|
| Citations |
2008 SLD 673,
2008 CLC 293
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
115,
42
|