GUL MAST KHAN vs ISRAR S — 2021 CLC 776 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 776 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: GUL MAST KHAN vs ISRAR S
Subject matter: Civil
Provisions referred to: S. 45---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

GUL MAST KHAN VS ISRAR S.45---Qanun-e-Shahadat (10 of 1984), Art. 64---Suit for declaration and injunction---Revenue record--- Presumption--- Relationship, evidence of---Plaintiff / respondent assailed mutation of inheritance in a suit filed after 33 years of its attestation, on the plea that defendant / petitioner was not husband of his sister--- Trial Court and Lower Appellate Court concurrently decided the matter in favour of plaintiff/respondent--- Validity--- Entries made in revenue record regarding transfer of property in favour of sister of plaintiff/respondent was presumptive evidence of title--- If any person was to challenge such entries, that person was to produce confidence inspiring evidence to rebut evidence in revenue record--- Both the Courts below illegally ignored statement of defence witness who had stated about relation between sister of plaintiff/respondent and defendant/petitioner as husband and wife--- Testimony of defence witness regarding marriage of the two was relevant fact which supported entry of mutation in question in terms of Art. 64 of Qanun-e-Shahadat, 1984--- Both the Courts below overlooked delay in filing suit on 19-05-2009 against mutation attested on 5-11-1976, which was time barred--- Plaintiff/respondent failed to establish that his sister was not married to respondent/defendant--- High Court in exercise of revisional jurisdiction set aside concurrent findings of facts by two Courts below as judgments and decrees were based on misreading of evidence--- Revision was allowed, in circumstances.

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