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FAZAL DAD vs ALLAH DAD S — 2021 CLC 383 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLC 383 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLC
Parties
FAZAL DAD vs ALLAH DAD S
Subject matter
Civil
Provisions referred to
S. 42---Q

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

FAZAL DAD VS ALLAH DAD S.42---Qanun-e-Shahadat (10 of 1984), Art.117---Suit for declaration---Inheritance---Burden of proof---Mutation---Scope---Contention of plaintiffs was that they were owners of suit property left by their mother and inheritance mutation in favour of defendants was based on fraud---Suit was dismissed concurrently---Validity---Plaintiffs were bound to prove that their mother was alive at the time of death of her predecessor-in-interest---Death Register was not in proper order and there were blank papers which could be filled in as per desire and need of any person at any time---Plaintiffs should have produced concrete, direct and cogent evidence to brush aside longstanding entries in the revenue record---Plaintiffs were required to prove that inheritance mutation was wrong and against fact---Simple narration alleging mutation of inheritance against fact was not sufficient enough to consider it otherwise---Attestation of mutation was meant for fiscal purpose and to keep the record uptodate---Plaintiffs had failed to substantiate their version with regard to specific date of death of their mother---Plaintiffs had been non-suited for insufficient evidence---No illegality, irregularity or jurisdictional defect had been pointed out in the impugned judgments and decrees passed by the Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2021 CLC

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