FAZLE QADIR vs FAZLE REHMAN Ss — 2022 YLR 1813 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1813 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: FAZLE QADIR vs FAZLE REHMAN Ss
Subject matter: Criminal

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

FAZLE QADIR VS FAZLE REHMAN Ss.12, 39, 42 & 54---Suit for specific performance of agreement to sell, cancellation of document, declaration and injunction---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Three suits were decided by Trial Court by a consolidated judgment decreeing those filed by respondent/plaintiff whereas suit for specific performance of agreement to sell, filed by petitioners/defendants was dismissed---Lower Appellate Court maintained judgment and decree passed by Trial Court---Validity---All documents admitted correct by plaintiff / respondent himself were not considered by two Courts below and by ignoring all such evidence, entries of record of rights recorded in the course of first settlement of the area were declared wrong and illegal---Basis of recording of such entries was also brought on record in evidence---Preponderance of evidence was available all going in favour of correctness of entries in revenue record---Revenue record which was prepared in the course of first settlement carried strong presumption of correctness---High Court set aside judgments and decrees passed by two Courts below in favour of respondent/plaintiff and suit filed of specific performance of agreement to sell filed by petitioners/defendants was decreed in their favour---Revision was allowed, in circumstances. Head NotesCase Description

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