| Case ID |
ff3125bb-54e6-4dbb-89ed-43002ad5d879 |
| Body |
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| Case Number |
Civil Revision No.7 of 1996 |
| Decision Date |
Feb 18, 2003 |
| Hearing Date |
Feb 18, 2003 |
| Decision |
The court allowed the revision petition, set aside the judgment and decree of the learned District Judge dated 26-10-1995, and restored the judgment and decree of the learned trial Court dated 4-10-1994. The court found that the non-attestation of Mutation No.3069 invalidated any rights claimed through it, thus the respondents could not establish ownership based on the unattested mutation. |
| Summary |
In this case, the Peshawar High Court addressed a civil revision regarding the ownership of land under the West Pakistan Land Revenue Act and Specific Relief Act. The petitioners contested the validity of a mutation claiming ownership through pre-emption. The court emphasized the legal principle that an unattested mutation holds no validity in law. The decision underscored the burden of proof lying on the party claiming title through mutation, reinforcing the need for proper documentation and attestation in property claims. This case highlights the importance of adhering to legal procedures in land transactions and the implications of failure to do so, ensuring that property rights are protected under the law. Keywords include land ownership, mutation validity, property law, and legal procedures. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHZAD AKBAR KHAN, J
|
| Lawyers |
Abdul Sattar Khan,
Walayat Khan
|
| Petitioners |
others,
GHULAM AKBER
|
| Respondents |
others,
MUQARAB KHAN
|
| Citations |
2003 SLD 2621,
2003 CLC 1118
|
| Other Citations |
PLD 1990 SC 1049,
1991 SCMR 829
|
| Laws Involved |
West Pakistan Land Revenue Act,
Specific Relief Act
|
| Sections |
42,
12,
55
|