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

Section: 79,126,100

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

Section: 79,126,100

Law: Limitation Act, 1908

Section: 142

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 100 & 126---Specific Relief Act (I of 1877), Ss. 8 & 42---Suit for declaration and possession---Burden of proof---Thirty years old document, presumption of truth to its execution---Plaintiffs instituted suit to the effect that they were owners in possession of suit-land; and in the alternate they prayed for possession thereof---Defendants admitted that suit-land was originally owned by the predecessor-in-­interest of the plaintiffs, but subsequently same was sold by him to the predecessor-in-interest of the defendants, which was duly reflected in the revenue record---Defendants also asserted that with the transfer of title, possession of suit-land was also transferred to the defendants---Both Trial Court and Appellate Court had dismissed the suit---Validity---Defendants by producing revenue record had fully proved that land in dispute was in their continuous possession---Veracity of entries in revenue record, had been confirmed---Once it was established that suit-land was in the possession of the defendants, then the onus to prove ownership thereof was shifted upon the plaintiffs to prove that defendants were not the actual owners of suit-land---Basic written instruments with regard to sale of suit-land to predecessor-in-interest being thirty years old documents, were protected under Art.100 of Qanun-e-Shahadat, 1984 which vested a presumption of truth to its execution---Said presumption was not rebutted by the plaintiffs---Execution of the documents required no further proof---Suit filed by the plaintiffs, in circumstances, was rightly concurrently dismissed by the courts below---Said concurrent of courts below could not be interfered with in revisional jurisdiction of High Court. Syed Tawakal Hussain v. Mst. Shammim Rizvi 1999 MLD 1; Mst. Bhag Bhari v. Muhammad Khan 2010 CLC 240; Bhambhar v. Mst. Nooria 1999 YLR 2078; Muhammad Darvesh v. Haji Muhammad Hussain 1999 CLC 106; Ghulam Haider v. Wali Muhammad 2008 SCMR 1428; Sameen Khan v. Haji Mir Azad 2002 CLC 754; Muhammad Hussain v. Khuda Bukhsh 1989 SCMR 1563; Shumail Begum v. Gulzar Begum 1994 SCMR 818; Muhammad Idrees v. Muhammad Parvez 2010 SCMR 5 and…

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