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MUHAMMAD RAZIQ SHAH vs DAWOOD SHAH Ss — 2024 CLC 624 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 624 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD RAZIQ SHAH vs DAWOOD SHAH 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 RAZIQ SHAH VS DAWOOD SHAH Ss. 39 & 41---Specific Relief act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, perpetual injunction and possession of the suit-property---agreement to sell---Entry of the vendee as possessor in Khasra Girdawri---Scope and effect---Contention of the petitioners(plaintiffs/vendees) was that they had been recorded in possession in Khasra Girdawri---Held, that an entry of possession in Khasra Girdawri could not be read as evidence of the title of the petitioners /plaintiffs, as against said entry, the respondent was recorded as owner of the suit-property in the record-of-rights---Record revealed that, on the application of the respondent, demarcation was conducted in which the petitioners were found to have encroached his (respondent's) land---Respondent had examined concerned Girdawer as one of his witnesses also---Whenever there was a conflict between the entries in Khasra Girdawri and the record of-rights, the latter would prevail---appellate Court had rightly reversed the judgment and decree passed in favour of petitioner/plaintiffs by the Trial Court, which did not warrant interference by the High Court in its revisional jurisdiction---Revision filed by the plaintiffs was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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