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JAVAID IQBAL vs MOHAMMAD SHABBIR Ss — 2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
MLD
Parties
JAVAID IQBAL vs MOHAMMAD SHABBIR Ss
Subject matter
Civil

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

JAVAID IQBAL VS MOHAMMAD SHABBIR Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 100---Suit for declaration and permanent injunction---Presumption as to documents thirty years old---Specific performance of agreement to sell---Scope---Plaintiffs filed a suit for declaration and perpetual injunction on the basis of an agreement and claimed that predecessors of defendants had alienated their whole land---Validity---Agreement was a thirty years old document hence, under Art. 100 of Qanun-e-Shahadat, 1984 same had got presumption of truth until and unless otherwise proved---Name of predecessor of plaintiffs was entered in the revenue record as possessor of the land being vendee from 1950 till 1984, thus, the agreement was supported by the documentary evidence---Documentary evidence could be rebutted only through documentary evidence or through concrete, tangible and credible evidence of an extraordinary nature---Defendants had failed to rebut the documentary evidence relied upon by the plaintiffs---Plaintiffs were in possession of the land till date---Bare reading of the agreement depicted that the time period was not the essence of the agreement---Cause of action had arose in favour of the plaintiffs when the defendants had interfered into their possession and refused to get registered the sale deed, hence, the suit was within limitation---Appeal filed by plaintiffs was accepted, judgment and decree passed by Appellate Court were set aside and that of Trial Court were restored, in circumstances.

Other judgments reported in 2022 MLD

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