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ISMAIL vs NAZREEN Ss — 2023 CLC 69 PESHAWAR-HIGH-COURT

Case information

Citation
2023 CLC 69 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
CLC
Parties
ISMAIL vs NAZREEN 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

ISMAIL VS NAZREEN Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Art.129, illustration (g)---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Withholding of evidence---Effect---Petitioner / plaintiff claimed to be owner of suit land on the basis of registered sale deed executed by predecessor-in-interest of respondents / defendants---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioner / plaintiff---Validity---No independent person representing predecessor-in-interest of respondents / defendants either at the time of execution or registration of sale deed was produced by petitioner / plaintiff before Trial Court as witness---Statement of alleged attorney was also not recorded by petitioner / plaintiff and an adverse inference was drawn that had such person been produced, he would not have supported petitioner / plaintiff---High Court declined to interfere in concurrent judgments and decrees passed by two courts below, as both the Courts had properly appraised evidence of parties---Petitioner / plaintiff was not able to point out any illegality, irregularity or jurisdictional defect in the judgments and decrees passed by two Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2023 CLC

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