Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan Ss — 2024 YLR 2597 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2597 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan 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 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah VS Sarfaraz Khan Ss. 42 & 12---Suit for declaration and possession through specific performance of agreement---Sale transaction , denial of---Effect---Claim of the plaintiff , relying on sale-deeds , was that he purchased suit-house from the defendant /lady as she was its owner on the basis of a family partition and that the remaining defendants were bound to attest the sale documents---Suit was decreed in favour of the plaintiff as lady /defendant filed cognovit (consenting written-statement) ; other /contesting defendants filed revision as the District Court dismissed their appeal and maintained the judgment and decree passed by the Civil Court---Validity---Pertinently, the petitioners / defendants had completely denied the execution of the deeds-in-question and had distanced themselves from the sale-deeds, however, they while admitting that lady (defendant /respondent) had executed the deed and had received the earnest money, stated that plaintiff /respondent was a land grabber and that the house-in-question was in his possession without any mutation or legal documents in his favour---Fact of Possession of the suit-house beings taken over by plaintiff / respondent had been admitted right from the date of execution of the sale deed---Plaintiff / respondent must fail on such score alone---High Court set-aside the impugned judgments and decrees of the Courts below, consequently the suit filed by the plaintiff stood dismissed---Revision, filed by contesting defendants, was allowed accordingly.

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