| Case ID |
e8b013fd-1cc0-4368-8e50-19db05658747 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 155 of 1994 |
| Decision Date |
May 08, 2000 |
| Hearing Date |
|
| Decision |
The court dismissed the revision petition filed by Muhammad Haroon challenging the judgments and decrees of the lower courts. It was found that the allegations of fraud were vague and insufficient to warrant further action. The petitioner failed to establish that he was a minor at the time of the disputed transaction and did not provide adequate evidence of the alleged fraud. The suit was also deemed to be time-barred, filed more than ten years after the relevant mutation was attested. The concurrent findings of the lower courts were upheld, and the petition was dismissed with no order as to costs. |
| Summary |
In the case of Civil Revision No. 155 of 1994, Muhammad Haroon challenged the decisions of the lower courts regarding a property dispute involving a mutation attested in 1973. The petitioner claimed he was a minor at the time of the sale and that the transaction was fraudulent. However, the court found the evidence provided by the petitioner insufficient and ruled that age could be determined by medical evidence rather than school certificates. The court emphasized the necessity of specifying fraud in legal pleadings, stating that vague allegations are not adequate. The suit was dismissed as it was filed after the limitation period. The ruling highlights the importance of timely legal action and the need for precise allegations in fraud claims, reinforcing the standards of evidence required in property disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talat Qayum Qureshi,
Muhammad Haroon
|
| Lawyers |
Ejaz Afzal Khan,
Syed Sajjad Hussain Shah
|
| Petitioners |
Muhammad Haroon
|
| Respondents |
6 others,
Mst. Razia Begum
|
| Citations |
2001 SLD 2445,
2001 CLC 810
|
| Other Citations |
Haseeb v. Election Authority, Sindh at Karachi PLD 1986 Kar. 179,
Muhammad Nawaz Khan v. Collector, Gujranwala PLD 1960 (W.P.) Lah. 1123,
AIR 1941 Pesh. 38,
Chaudhry Muhammad Hussain v. Muhammad Nawaz alias Dilawar Khan PLD 1969 Election Tribunal 111,
Board of Intermediate and Secondary Education, Lahore v. Sultan Khan NLR 1980 AC 339,
Iftikhar v. The State PLD 1972 Pesh. 27,
Ghulam Sarwar v. Noor Begum PLD 1977 SC 75,
Muhammad Azeem v. Pakistan Employees' Cooperative Housing Society Ltd. PLD 1973 Note 84 at p.119,
Noor Bibi and 6 others v. Fazal Hussain 1998 SCMR 230,
Shah Muhammad and others v. Central Government 1998 SCMR 341,
Khanwal Nain and 3 others v. Fateh Khan PLD 1983 SC 53,
Shahzad Mir and others v. Provincial Government PLD 1999 Pesh. 57,
Fida Muhammad and 3 others v. All residents of Ramboar Valley 1997 SCMR 846,
Sheikh Muhammad Bashir Ali v. Ghulam Muhiyddin 1996 SCMR 813,
Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291,
Mst. Husna Bibi and others v. Niaz Gul 1984 SCMR 203,
Gul Zar Khan v. Mst. Razia Begum 1982 SCMR 843,
Waheed Gul v. Mst. Saida Jan 1998 MLD 3,
Taj Muhammad v. Mst. Zaitooney PLD 1995 Pesh. 135,
Haji Khan Baz Khan v. Abdul Rahim PLD 1993 Pesh. 36
|
| Laws Involved |
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
42,
120,
161
|