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MUHAMMAD HANIF QURESHI vs MUHAMMAD AYUB Ss — 2024 CLC 1838 ISLAMABAD

Case information

Citation
2024 CLC 1838 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD HANIF QURESHI vs MUHAMMAD AYUB 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

MUHAMMAD HANIF QURESHI VS MUHAMMAD AYUB Ss.42, 39 & 54---Suit for declaration, cancellation, recovery, permanent and mandatory injunction---Cancellation of title documents---Fraud, assertion of---Knowledge of fraud not specifically pleaded---Claim of the plaintiff was that exchange agreement executed between the plaintiff and original owner of the suit-plot had entitled him to be its sole owner; that defendant was merely one of the two attesting witnesses of the said agreement, who (defendant) was unlawfully claiming 50% share in the suit property---Stance of the defendant was that he and plaintiff had jointly purchased the suit property---Suit was dismissed by the Trial Court---Validity---Appellant/plaintiff claimed to be unaware of the transfer of the suit property in the joint names of the appellant and respondent until a few days before the institution of the suit; which (claim) was explicitly pleaded in relevant paragraph of the suit---However, in the (plaint of) suit, the appellant did not plead as to how he came to know about the transfer of the suit property in the joint names of the appellant and respondent, and why he had remained unaware of the said transfer for years after the same had been made---Claim of the appellant / plaintiff (regarding transfer of the suit property due to alleged exchange agreement) was not sufficient to interfere with the impugned judgment and decree passed by the Civil Court dismissing his suit---Appeal filed by the plaintiff was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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