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MUHAMMAD RAZIQ SHAH vs DAWOOD SHAH S — 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 S
Subject matter
Civil
Provisions referred to
S. 42---S

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 S. 42---Suit for declaration, perpetual injunction and possession of the suit-property---Agreement to sell---Proof---Claim of the petitioners (plaintiffs/ vendees) was that respondent/vendor having absconded, for being involved in a woman's abduction case, sold the suit-property through his son and son-in-law---Validity---Burden was on thepetitioners to prove sale but they failed to prove as to exactly when and where the respondent agreed to sell his land to them ---Petitioners could not furnish evidence as to when the respondent was nominated in abduction case and who the alleged abducted woman was---There were contractions in the evidence produced by the petitioners regarding alleged payment of partial sale consideration; through whom sale was agreed upon; and name of the witnesses of the agreement---Even the name of the son of the respondent was not disclosed who allegedly received partial sale consideration---It did not stand to reason that instead of his own son, son-in-law of the respondent was much worried about the sale of his land for the purpose of compromise---It was unbelievable that the son-in-law or even the son of the respondent ( alleged vendor) managed to sell the land without having been authorized by the respondent to do so---Appellate Court had rightly reversed the judgment and decree passed 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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