KHALID MAHMOOD vs UMARA KHAN S — 2021 YLR 391 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 391 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: KHALID MAHMOOD vs UMARA KHAN S
Subject matter: Civil
Provisions referred to: S. 6---P; S. 1---Q; Partition Act (IV of 1893)

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

KHALID MAHMOOD VS UMARA KHAN S. 6---Partition Act (IV of 1893), S.1---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration, permanent injunction and partition---Estoppel, principle of---Muslim Personal Law (Shariat Application) Act, 1962---Applicability---Suit property was settled between predecessor-in-interest of parties through private partition and in year 1946, it was incorporated in revenue record--- Petitioners/plaintiffs sought partition of properties through Court in year 2011, which suit was concurrently decided against petitioners/plaintiffs by Trial Court as well as Lower Appellate Court---Validity---Parties to partition agreement had settled the matter through their mutual consent and did not challenge the same in their life time---Petitioners/plaintiffs were estopped from challenging the transaction of settlement---Provisions of Muslim Personal Law (Shariat Application) Act, 1962, were not given retrospective effect---Matters which were finalized earlier were supposed to be past and closed transactions and could not be allowed to be reopened, unless competent legislative authority of the area had provided otherwise---High Court declined to interfere in concurrent judgments and decree passed by two Courts below against petitioners/plaintiffs---Revision was dismissed, in circumstances.

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