Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 100 & 78---Specific Relief Act (I of 1877), Ss.39 & 42---Suit for declaration and cancellation of registered sale-deed---Thirty-years old un-registered sale-deed was basis of plaintiff's claim---Proof--­Presumption---Availability---Plaintiff did not implead as party another co-sharer of un-registered sale-deed, who had disowned the same--­Plaintiff did not produce any revenue record to show his status or possession in relation to suit land or about nature of title of alleged vendors of un-registered sale-deed---Neither alleged vendors of unregistered sale-deed, who were alive, nor the marginal witnesses thereof were produced in evidence---One of alleged vendors of un-registered sale-deed was also marginal witness of registered sale-deed who was not produced---Held, presumption under Art. 100 of Qanun-e-Shahadat, 1984 would be available only when a document .was proved to be thirty-years old---Condition attracting such statutory presumption was not satisfied---High Court dismissed revision petition upholding of Appellant Court, whereby suit of plaintiff was dismissed. Muhammad Yousaf Khatak v. S.M. Ayoob PLD 1973 SC 160 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Thirty-years old document---Presumption---Such presumption would be available, once a document was proved to be thirty-years old. JUDGMENT This civil revision challenges the judgment of the learned District Judge, Narowal dated 11-3-2002 whereby the judgment and decree of the trial Court dated 17-7-2001 granting partly the relief prayed in the suit was reversed and the suit was "deemed dismissed." 2. The petitioners before this Court had filed a suit for declaration, cancellation of sale deed dated 14-11-1994 and for possession of the house/property measuring 8 marlas bounded as described in para. 3 of the plaint situated in Mauza Nounar, Tehsil and District Narowal. The petitioners/plaintiffs in the suit are the legal heirs of Ghulam Muhammad. The said Ghulam Muhammad along with Mehdi Khan, impleaded as respondent/defendant No.3, are alleged in the plaint to have purchased the aforesaid property in equal shares under an unregistered…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492