Mst. HUSSAN BANO vs Mst — 2021 CLC 855 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 855 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Mst. HUSSAN BANO vs Mst
Subject matter: Civil
Provisions referred to: S. 42---Q; S. 53-A---R; S. 50---S; S. 53-A; S. 50; Property Act (IV of 1882); A---Registration Act (XVI of 1908); Property Act; Registration Act

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

Mst. HUSSAN BANO VS Mst. ASIA KHATOON S.42---Qanun-e-Shahadat (10 of 1984), Art.100---Transfer of Property Act (IV of 1882), S.53-A---Registration Act (XVI of 1908), S.50---Suit for declaration---Presumption as to documents thirty years old---Part-performance---Certain registered documents relating to land to take effect against unregistered documents---Scope---Plaintiff filed suit for declaration claiming ownership in possession of the suit property on the strength of deed executed in the year 1972---Suit was concurrently dismissed---Validity---Plaintiff's attorney had not said a word regarding the possession of plaintiff over the suit property---Document relied upon by plaintiff was deficient to the effect that no description of the properties along with khasra numbers was mentioned therein---Said document was never produced for mutation in the revenue record as such plaintiff could not be given the benefit under Art.100 of the Qanun-e-Shahadat, 1984---Plaintiff was not able to prove her possession of the disputed property for giving effect to the document allegedly executed in her favour within the meaning of S.53-A of Transfer of Property Act, 1877---Plaintiff could not bring on record any convincing or reliable evidence within the four corners of which unregistered document could be given any weight within the exception of S.50 of the Registration Act, 1908---Plaintiff had not impleaded those parties in the revision petition which were arrayed before the trial court as defendants---Revision petition was dismissed.

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