| Citation(s) |
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| 2026 SLG 549 2026 SLD 549 = 2026 PHC 1288 |
Peshawar High Court
Civil Revision No. 368-A/2009
Presented By: (AURANGZEB) JUDGE
Date of hearing……………….09.02.2026………………………... Petitioners (Mst. Habib-un-Nisa and others) By Qazi Ghulam Raufi, Advocate.
Respondents (Mst. Jameela Khanum and others) By M/S Tahir Faraz Abbasi and Malik Waseem Fazal, Advocates.
Civil Revision No. 368-A/2009
Presented By: (AURANGZEB) JUDGE
Date of hearing……………….09.02.2026………………………... Petitioners (Mst. Habib-un-Nisa and others) By Qazi Ghulam Raufi, Advocate.
Respondents (Mst. Jameela Khanum and others) By M/S Tahir Faraz Abbasi and Malik Waseem Fazal, Advocates.
(Mst. Habib-un-Nisa and others)
VS
. (Mst. Jameela Khanum and others)
Law: Transfer of Property Act, 1882
Section: 41
Tag Line
Revenue record loses presumption of truth when corrected; no title passes from a defective vendor, and Section 41 TPA protection is unavailable in evacuee property matters—appellate court’s findings based on proper evidence prevail in revision.
Summary
The plaintiffs filed a suit for declaration and possession of evacuee property, claiming ownership through settlement proceedings and subsequent transfer. The trial court dismissed the suit, but the appellate court reversed the decision and decreed in favour of the plaintiffs.
In revision, the High Court held that: