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AHMADULLAH KHAN AND Others vs FAZAL BIBI AND Other Case No — 1970 SCMR 604

Citation: 1970 SCMR 604

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-28

Parties: AHMADULLAH KHAN AND Others vs FAZAL BIBI AND Other

Headnotes

Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a Division Bench of the High Court of West Pakistan; Peshawar Seat, summarily dismissing a Letters Patent Appeal from a judgment of a learned Single Judge of the same High Court, dismissing a second appeal.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: AHMADULLAH KHAN AND Others vs FAZAL BIBI AND Other Case No.: Civil Petition for Special Leave to Appeal No. 6-P of 1970 Date of Judgment:1970-03-28 Reported As: 1970 SCMR 604 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a Division Bench of the High Court of West Pakistan; Peshawar Seat, summarily dismissing a Letters Patent Appeal from a judgment of a learned Single Judge of the same High Court, dismissing a second appeal. The dispute to an area of 110 kanals and 11 marlas of land situated in Mahal Maira Prang, Charsadda Tehsil. These lands were sold on the 21st March 1926 to two brothers Abdullah Khan and Abdul Karim Khan by a registered sale deed, executed by Akbar Khan and Hastam Khan. The purchasers claim that they took possession of the land but in the revenue record effect was not given to the sale and the name of Akbar Khan and Hastam Khan continued to appear therein in the column of co---ownership, as also the name of one Mst. Mehr Tabana was shown as a co-sharer owner of these lands. On the 30th September 1963, therefore, the heirs of Abdullah Khan brought a suit for a declaration, that they were the owners of the land and were in its possession for the last 37 years and that the name of Mst. Mehr Tabana predecessor-in-interest of some of the respondents herein was wrongly mentioned in the…

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