Law: Qanun-e-Shahadat (10 of 1984)

Section: 87,117,120

Law: Qanun-e-Shahadat (10 of 1984)

Section: 87,117,120

Law: Specific Relief Act, 1877

Section: 42

Qanun-e-Shahadat (10 of 1984)-------Arts. 87, 117 & 120---Specific Relief Act (I of 1877), S.42---Suit for declaration---Inheritance---Divorce, proof of---Onus---Owner of suit property died issue less and plaintiff was his widow who sought her right in inheritance---Plea raised by defendants was that plaintiff was not entitled to inheritance as she had been divorced by the deceased in his life time---Validity---For proving a fact through positive evidence was the responsibility of defendants, as they had asserted that deceased had divorced the plaintiff and she had negated the fact---Plaintiff made statement on oath before Trial Court that she was never divorced by her husband and she was never conveyed about alleged divorce---Onus to prove divorce shifted upon defendants to prove positive, the factum of divorce and its confirmation---For positive proof of divorce, relevant material was entry of stamp vendor about sale of stamp paper for instrument of "Talaq", original divorce deed, entry in register and statement of writer of alleged divorce deed---Most of the certified copies of documentary evidence were not certified in accordance with Article 87 of Qanun-e-Shahadat, 1984, therefore, were not per se admissible---Original record had not been produced by defendants, therefore, documentary evidence produced by defendants had a little value---Defendants had orally alleged that various departments had also found that plaintiff was divorced by deceased but nothing was proved on record---Findings recorded by Trial Court was in accordance with evidence available on file and were well-reasoned, whereas Lower Appellate Court fell in error while relying upon inadmissible evidence produced by defendant---High Court in exercise of revisional jurisdiction set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. Mian Ghulam Rasool for Petitioner. Munir Hussain Punjutha for Respondents. Date of hearing: 6th June, 2012. JUDGMENT AMIN-UD-DIN KHAN, J.--- Through this civil revision, the petitioner has challenged the judgment and decree dated 21-7-2010, passed by the learned Additional District Judge,…

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