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ABDUL GHANI vs Haji ABDUL FATAH art — 2022 SCMR 743 SUPREME-COURT

Case information

Citation
2022 SCMR 743 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ABDUL GHANI vs Haji ABDUL FATAH art
Subject matter
Family

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

ABDUL GHANI VS Haji ABDUL FATAH art. 100---Presumption as to documents thirty years old---Kabin-nama---Transfer of land as dower---In the present case the Kabinnama being a document antedating a period far beyond 30 years, surfacing on the record from the custody of the deceased lady's son i.e. plaintiff was to be considered as proper by all means---Such circumstances nullified the hypothesis of residual bequeathal or the sale of subject property to the residual successors i.e. petitioners as they could not possibly acquire a better title after the land was once invested in the deceased mother of the plaintiff---Regarding the genuineness of the Kabinnama, in the totality of circumstances and admitted nuptial bond between the plaintiff's mother and her second husband, there was no doubt that the disputed land was parted by the latter as a dower to her better half as far back as on 29-06-1949 on an official stamp paper---any manipulation, given the timeframe, was inconceivable---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2022 SCMR

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