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

Atta Muhammad vs Government of Khyber Pakhtunkhwa Ss — 2024 MLD 1282 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 1282 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Atta Muhammad vs Government of Khyber Pakhtunkhwa Ss
Subject matter
Civil
Provisions referred to
S. 3---S; Specific Relief 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

Atta Muhammad VS Government of Khyber Pakhtunkhwa Ss. 42 & 54--- Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975), S. 3---Suit for declaration and injunction---Evacuee property---Allotment---Permanent Transfer Deed (PTD) and RL-II---Declaration, grant of---Principle---Concurrent findings of facts by two Courts below---Petitioners / plaintiffs claimed their entitlement over suit property on the basis of PTD and RL-II---Suit and appeal filed by petitioners / plaintiffs were dismissed concurrently by Trial Court and Lower Appellate Court--- Validity--- Petitioners / plaintiffs could not establish their ownership through any documentary evidence---Application for allotment and slips / challan showing deposit of settlement fee could not hypothetically be treated as Provisional Transfer Order (PTO) or PTD--- Declaration so sought by petitioners/plaintiffs in their plaint was based on their purported ownership which they failed to prove--- Declaration could be sought only against existing rights and new rights could not be established by filing suit under section 42 of Specific Relief Act, 1877--- Build-up property could only be allotted through PTO and PTD while RL-II was issued only for allotment of agricultured land--- No building could be allotted or transferred on the basis of RL-II--- High Court declined to interfere in concurrent findings of facts by two Courts below--- Revision was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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