SARFARAZ vs ABDUL GHAFOOR Ss — 2021 MLD 1219 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1219 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: SARFARAZ vs ABDUL GHAFOOR Ss
Subject matter: Civil
Provisions referred to: S. 54---S; Property Act (IV of 1882)

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

SARFARAZ VS ABDUL GHAFOOR Ss.42 & 54---Transfer of Property Act (IV of 1882), S.54---Suit for declaration and injunction---Sale---Proof---Concurrent findings of facts by two Courts below---Petitioners-plaintiffs claimed to be owners in possession of suit land on the basis of sale in favour of their predecessors-in-interest---Petitioners-plaintiffs also assailed cancellation of mutations entered in their favour---Trial Court as well as Lower Appellate Court concurrently dismissed suit and appeal filed by petitioners-plaintiffs---Validity---Parties to alleged bargain had departed to eternal life and were no more in the world, during their life time, neither petitioners-plaintiffs nor their predecessors claimed ownership of property---Deceased parties did not enter and attest any mutation as a result of any bargain or sale nor reduced it in black and white---No witness was on record in whose presence sale consideration was paid either to respondents-defendants or their predecessor---Sale as alleged by petitioners-plaintiffs was not a sale in the eyes of law---Concurrent findings of facts could only be interfered with when petitioners-plaintiffs would succeeded to show some misapplication of law or misreading or non-reading of evidence on the part of Courts below---High Court declined to interfere in concurrent findings of facts as there was no such flaw or misapplication of law pointed out in judgments and decrees passed by two Courts below---Revision was dismissed, in circumstances.

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