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

Haji AKBAR vs JEHANGIR S — 2024 CLC 890 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 890 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
Haji AKBAR vs JEHANGIR S
Subject matter
Civil
Provisions referred to
S. 52---T; S. 41---S; S. 52; S. 41; Property Act (IV of 1882); Specific Relief Act (I of 1877); Khyber Pakhtunkhwa Land Revenue Act; Property Act

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

Haji AKBAR VS JEHANGIR S. 52---Transfer of Property Act (IV of 1882), S.41---Specific Relief Act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, possession and permanent injunction---Revenue entries, challenging of---Scope---Claim of the plaintiffs was that sale mutation -in-question qua their predecessor-in-interest was illegal for having been attested at the time when he (the predecessor-in-interest) was minor---Suit was concurrently dismissed---Validity---An attested mutation cannot be considered as a document of title, but simultaneously, when an attested mutation is properly incorporated in the revenue record in subsequent Jamabandies for a long period of time , then the presumption of truth is attached thereto unless and until rebutted through cogent, reliable and confidence inspiring evidence---Record also showed that the mutation-in-question was attested by the vendors in the year 1929, which was still intact and reflected in the revenue record---Therefore, presumption of truth was attached thereto in terms of S.52 of the Khyber Pakhtunkhwa Land Revenue Act, 1967 ---Section 41 of the Transfer of Property Act, 1882 was attracted to the case of the vendees and as such, they were entitled to the equitable protection available to them under S. 41 of the Transfer of Property Act, 1882---No illegality , material irregularity, mis-reading or non-reading of evidence warranting interference in the concurrent findings passed by both the Courts below was found in non-suiting the petitioners---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