| Case ID |
e9ccf235-e327-42d4-8a55-ee6ae31723e7 |
| Body |
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| Case Number |
W.P. No. 316-A of 2005 |
| Decision Date |
Oct 08, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by the Government of N.-W.F.P. against the judgment and decree of the Additional District Judge-V, Mansehra. The court found that the Tribunal had exclusive jurisdiction to adjudicate the suit regarding the property in question, which was declared not to be public property. The court ruled that the petitioners had failed to prove their claim over the property, and the respondent had pursued their case diligently since the issuance of the impugned notice. The decision of the Tribunal was upheld, confirming the validity of its findings and the dismissal of the petition was ordered without costs. |
| Summary |
In the case of W.P. No. 316-A of 2005, the Peshawar High Court addressed a dispute regarding the ownership of land claimed by Shams Ur Rehman against the Government of N.-W.F.P. The petitioners contended that the land was public property and sought to overturn a ruling by the Tribunal that declared the property as private. The court examined the jurisdiction of the Tribunal, the evidence presented, and the application of the Limitation Act. The court concluded that the Tribunal acted within its jurisdiction and that the petitioners could not substantiate their claim of ownership. This case highlights the importance of jurisdiction in property disputes and the burden of proof required to establish claims over public property. The ruling reinforces the legal principles surrounding the protection of private property against claims of public ownership, which is crucial in real estate law and property rights discussions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Government of N.-W.F.P.,
Secretary Works and Services Department Peshawar,
Shams Ur Rehman
|
| Judges |
MRS. IRSHAD QAISER,
WAQAR AHMED SETH
|
| Lawyers |
Muhammad Naeem Abbasi, A.A.G. for Petitioners,
Muhammad Naeem Anwar for Respondents
|
| Petitioners |
,
GOVERNMENT OF N.-W.F.P. through Secretary Works and Services Department Peshawar
|
| Respondents |
,
SHAMS UR REHMAN
|
| Citations |
2015 SLD 2137,
2015 YLR 1680
|
| Other Citations |
Chief Engineer, Irrigation Department, NWFP Peshawar v. Mazhar Hussain and 2 others PLD 2004 SC 682,
Mst. Anwar Bibi's case 2002 SCMR 144
|
| Laws Involved |
Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act,
Limitation Act,
Constitution of Pakistan
|
| Sections |
3,
14,
199
|