HAZRAT AMIN vs Mst — 2021 CLC 1249 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1249 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: HAZRAT AMIN vs Mst
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAZRAT AMIN VS Mst. NISHAT BEGUM art.100---Thirty years old document---Presumption---Principle---Respondent-plaintiff claimed to be owner of suit house on the basis of Nikahnama which was a thirty years' old document---Trial Court dismissed the suit but Lower appellate Court decreed the same in favour of respondent-plaintiff---Validity---Mere age of document was not considered to be gospel truth, when genuineness of the same was disputed---Trial Court was to determine question of its genuineness and correctness because age of document alone was not a proof about correctness of such document---If genuineness of a document was susceptible to suspicion the Court could refuse to raise presumption and could ask for proof of its contents---Neither the document was produced from proper custody nor witnesses appeared before Trial Court especially when respondent-plaintiff's own witness did not depose confidently in her favour---Mere age of document was not sufficient for entitling respondent-plaintiff as owner of property---High Court set aside judgment and decree passed by Lower appellate Court as respondent-plaintiff failed to prove her case and restored that of Trial Court--- Revision was allowed in circumstances.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English