Citation Name: 2024 YLR 1227 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA vs JAFAR SHAH Ss — 2024 YLR 1227 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 1227 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1227 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA vs JAFAR 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

Citation Name: 2024 YLR 1227 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA VS JAFAR SHAH Ss. 42 & 57---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Partition of property--- Locus standi--- Death of predecessor-in-interest--- Petitioners/ plaintiffs claimed their right in suit property on the basis of inheritance---Trial Court and Lower Appellate Court dismissed suit and appeal respectively filed by petitioners/plaintiffs---Validity---Partition had taken place between parties in year 1963 and in such regard a partition deed dated 22-12-1963 was also executed---Petitioners/plaintiffs admitted such fact in their evidence---After execution of partition deed, predecessor-in-interest of petitioners / plaintiffs remained alive for about 8 years, who in his lifetime had neither challenged validity and authenticity of partition deed, nor approached Civil Court by filing any suit against his brother---Petitioners/plaintiffs for their Shari shares in legacy of their predecessor-in-interest had no locus standi to claim the same through filing of suit in year 2008---High Court declined to interfere in concurrent findings of facts arrived by two Courts below which were result of proper appraisal of facts and circumstances and evidence so recorded---Revision was dismissed in circumstances.

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