Mian LATIF SHAH vs MUNIR KHAN Ss — 2021 CLC 650 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 650 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Mian LATIF SHAH vs MUNIR KHAN Ss
Subject matter: Civil
Provisions referred to: S. 2

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

Mian LATIF SHAH VS MUNIR KHAN Ss.2(d) & 13---Suit for pre-emption for gift transaction/mutation---Plaintiff/petitioner sought declaration that the mutation-in-question be declared as 'sale' contending that respondents/defendants purchased the suit-property but in order to defeat his right of pre-emption he had shown the mutation-in-question as gift/'Hiba' instead of sale---Held, that S.2(d) of Khyber Pakhtunkhwa Pre-emption, 1987, stipulated that 'Hiba-bil-iwaz' and 'Hiba-ba-shartul-iwaz' were pre-emptable ---Mutation in question reflected that respondents were to hand over the possession of their property to the donor and in lieu thereof he (donor) was to transfer the right of ownership of his property to them (respondents)---Said transaction was not denied by the respondents rather they had not only given the details of transaction-in-question in their written-statement but also had exhibited "Iqrar nama" in their documentary evidence---By considering transaction-in-question with the pre-requisites/conditions of Hiba-basharat-alawaz, undoubtedly , there was transfer of property, thus, the transaction-in-question was a Hiba-basharat-al-awaz and the same was pre-emptable--- High Court modified the incorrect findings of Appellate Court (that mutation-in-question was not pre-emptable).

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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…
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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…

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