| Case ID |
e1fbe0d9-71cc-4705-8755-8042bcc293d4 |
| Body |
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| Case Number |
Civil Revision No.753 and C.M. No.833 of 2006 |
| Decision Date |
Aug 18, 2006 |
| Hearing Date |
Aug 18, 2006 |
| Decision |
The court dismissed the civil revision filed by the petitioners, Umer Zada and Sahibzada, against the judgments and decrees of the lower courts. The petitioners claimed a 1/4th share of land based on an alleged transfer of ownership from the father of the respondents, which was not substantiated by evidence. The court found that the original document presented by the petitioners did not indicate ownership transfer but rather a lease arrangement for improvement of the land. The petitioners could not prove their title to the property, and the decisions of the original and appellate courts were upheld. |
| Summary |
In the case of Civil Revision No.753 and C.M. No.833 of 2006, the Peshawar High Court dealt with a dispute over land ownership under the Specific Relief Act of 1877. The petitioners, Umer Zada and Sahibzada, sought to establish their claim to a 1/4th share of land, asserting that it was granted to their predecessor by the father of the respondents. The court examined the validity of the claims, focusing on the lack of evidence to support the transfer of ownership. The petitioners argued that their father was a tenant with rights to improve the land, but the court concluded that he had not fulfilled the terms of the lease and therefore had no claim to ownership. The court ultimately dismissed the revision, affirming the decisions of the lower courts. This case highlights the importance of clear documentation and evidence in land ownership disputes, particularly in the context of lease agreements and claims of adverse possession. Key terms include Specific Relief Act, land ownership, lease agreements, and tenant rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SALIM KHAN, J
|
| Lawyers |
Shakil Ahmad,
Nemo
|
| Petitioners |
Umer Zada,
Sahibzada
|
| Respondents |
Muhammad Ajmal,
ABDUL LATIF,
Muhammad Sawab Khan
|
| Citations |
2007 SLD 859,
2007 CLC 494
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|