DILAWAR KHAN AND Another vs PORDIL KHAN Case No — 1970 SCMR 636

Citation: 1970 SCMR 636

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-27

Parties: DILAWAR KHAN AND Another vs PORDIL KHAN

Headnotes

Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of the High Court of West Pakistan, Peshawar Bench, in a second appeal., The learned Judge has also refused to certify the case as fit for appeal under the Letters Patent.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: DILAWAR KHAN AND Another vs PORDIL KHAN Case No.: Civil Petition for Special Leave to Appeal No. 58-P of 1969 Date of Judgment:1970-03-27 Reported As: 1970 SCMR 636 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of the High Court of West Pakistan, Peshawar Bench, in a second appeal., The learned Judge has also refused to certify the case as fit for appeal under the Letters Patent. The appeal arose out of a suit filed by the present petitioners against the respondent for possession of a 2/3rd share in the lands in suit. These lands belonged to the petitioner and his two brothers Mohammad Afzal and Akram Khan jointly, but by a mutation of sale attested on the 18th October 1933, they were purported to have been sold to the respondent herein. The petitioners who are one of the three brothers and the son of another brother, averred in their plaint that it was Mohammad Afzal alone who had sold his individual 1/3rd share. It was not a sale of the entire share of all the three brothers. The respondent on the other hand claimed that all the three brothers had sold their entire share in the suit lands along with the Hissa Shamilat, for consideration and that he had since then been in. Possession of the same as owner. In the alternative he claimed title by adverse possession for more than…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.