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ABID SHERANI vs TAHIR SHERANI Ss — 2024 CLC 333 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 333 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
ABID SHERANI vs TAHIR SHERANI 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

ABID SHERANI VS TAHIR SHERANI Ss. 39 & 42---Suit for declaration and cancellation of mutation entries---Gift mutation, execution of---Proof---Plaintiff filed a declaratory suit seeking therein cancellation of gift mutations of land described in the head-note of plaint, executed in favour of respondent No. 1 by the father of the parties on the ground that said transactions were based on fraud, and therefore, revenue record to that extent was liable for correction---Petitioner, during his evidence, categorically admitted the execution of gift mutation---Plaintiff's witness admitted that father/deceased had given his property to respondent No.1---Likewise, petitioner in his cross examination affirmed that he was in the knowledge of gift mutations---Respondent No. 1 produced and examined the alive witnesses of the suit mutations, whereas, some of the witnesses were dead, whose testimony went in line with the claim of respondent No.1---In the attending circumstances, petitioner/plaintiff failed to prove his initial burden and his claim too was hit by the law of limitation, whereas, respondent/beneficiary produced all the alive witnesses who supported the suit mutations coupled with the fact that conduct of petitioner by itself went in line with the proof of execution of mutations in question---Thus, both courts below had rightly non-suited the petitioner---Revision petition was dismissed, in circumstances.

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