Case Details

Citation(s)
2011 SLG 2255 2011 SLD 2255 2011 SCMR 1483
Supreme Court of Pakistan
Civil Petition No. 317-L of 2008, decision dated: 23rd June, 2011 (On appeal from the judgment dated 29-2-2008 of the Lahore High Court, Lahore passed in C.R. No. 2027 of 2007)
KHILJI ARIF HUSSAIN AND MIAN SAQIB NISAR, JJ

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ALLAH DITTA

VS

. AIMNA BIBI

Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Art. 100---Specific Relief Act (I of 1877), S. 42---Constitution of Pakistan, Art. 185(3)---Suit for declaration---Land belonging to plaintiff (an illiterate and pardanashin lady) got transferred by defendant in his name through mutation of gift---Denial of such gift by plaintiff---Suit decreed by Trial Court upheld by Appellate Court and High Court---Defendant's plea was that such mutation being more than thirty years old was liable to be presumed as correct by virtue of Art.100 of Qanun-e-Shahadat, 1984--- Validity--- Presumption of correctness available under Art. 100 of Qanun-e-Shahadat, 1984 in respect of thirty years old document was only in respect of signatures and every other part thereof purporting to be in handwriting of any particular person---Mutation entry in Revenue Record was not in handwriting of plaintiff---Not compulsory for court to presume genuineness of documents, rather court might require production of document to prove its execution by producing witnesses---Supreme Court refused to grant leave to appeal in circumstances. Ahmed Awais, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 23rd June, 2011. ORDER KHILJI ARIF HUSSAIN, J.---The petitioner impugns the concurrent findings recorded by the three courts below whereby suit filed by the respondent for declaration was decreed. 2. It is contended by the learned counsel for the petitioner that the High Court has not appreciated that the land in question was gifted to the petitioner by mutation gift on 5-6-1960, under Article 100 of the Qanun-e-Shahadat Ordinance, 1984, such entry has presumption of correctness. 3. We have taken into consideration arguments advanced by the learned counsel for the petitioner and perused the available record. From perusal of the record, it appears that on the basis of oral agreement, mutation was effected. The…
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