| Case ID |
faa33cfb-cc61-4687-86fd-6330a48e0866 |
| Body |
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| Case Number |
Civil Revision No. 648 of 2000 |
| Decision Date |
Oct 18, 2002 |
| Hearing Date |
Oct 04, 2002 |
| Decision |
The High Court dismissed the revision petition, affirming the concurrent findings of the trial and appellate courts. The courts had relied on the unchallenged report of the Local Commissioner, which provided a clear demarcation of the disputed land. The trial court's judgment was deemed sound as it was based on proper appreciation of evidence and the law. The petitioner's arguments regarding the validity of the Local Commission's report and the time-barred nature of the respondents' suit were rejected, leading to the conclusion that the respondents were rightful owners of the land in question. |
| Summary |
This case revolves around a land dispute involving Khasra Nos. 1188 and 1190, where the petitioners contested the ownership and possession claims made by the respondents. The trial court, after thorough examination of evidence and hearing arguments from both parties, appointed a Local Commissioner to assess the land's demarcation. The report from the Local Commissioner was pivotal in the trial court's decision, which was later upheld by the appellate court. The High Court found no grounds for interference, emphasizing the importance of the Local Commission's findings in establishing ownership. This case highlights key legal principles under the Specific Relief Act and the Civil Procedure Code, particularly concerning land demarcation and the evidentiary weight of Local Commission reports. It is essential for legal practitioners to understand the implications of such rulings in land ownership disputes, as they underscore the significance of proper procedural adherence and the role of evidence in adjudicating property rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayum Qureshi, J
|
| Lawyers |
Muhammad Waris Khan for Petitioner,
Mian Iqbal Hussain for Respondents
|
| Petitioners |
Biladar Khan
|
| Respondents |
others,
Faridoon Khan
|
| Citations |
2003 SLD 3268,
2003 PLD 23
|
| Other Citations |
Akbar Ali and others v. Province of Punjab and others 1990 CLC 718,
Government of N.-W.F.P. through Deputy Commissioner Bannu and 2 others v. Muhammad Khan alias Aan 1990 CLC 1898
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
O.XXVI, R.10(2),
115
|