PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2024 CLC 195 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ALAM vs ABDUL KAREEM Ss — 2024 CLC 195 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 195 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 195 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ALAM vs ABDUL KAREEM 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

Citation Name: 2024 CLC 195 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ALAM VS ABDUL KAREEM Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for declaration and injunction---Proof---Onus to prove---Petitioners / plaintiffs claimed to be owners of shop in question and assailed mutation entered in the name of respondent / defendant---Judgment and decree passed by Trial Court in favour of petitioners / plaintiffs was modified by Lower Appellate Court---Validity---If any fraud was committed than in that case petitioners / plaintiffs could sue heirs for recovery of amount received from respondent / defendant for non-disbursement amongst siblings and their mother---Respondent / defendant could not be put at task or penalized as he had made payment independently to own a shop from its owners through registered sale deed and such transaction was not even questioned in the suit---Petitioners / plaintiffs were on one side and his brothers, nephews and uncles were on the other to repudiate their claim in respect of agricultural land and in particular shop in question---Such divide of family members inferred High Court to conclude that petitioners / plaintiffs did not approach Court with clean hands---Petitioners / plaintiffs failed to discharge onus of proof of issues pertaining to mutations of disputed shop as fake and product of fraud and misrepresentation---Respondent / defendant was the sole owner of suit property---High Court declined to interfere in judgment and decree passed by Lower Appellate Court directing correction of revenue record by inserting names of heirs in agriculture land with possession through partition---Revision was dismissed, in circumstances.

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English