Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Registration Act (XVI of 1908), Ss. 17 & 49---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Suit for declaration---Dower deed---Transfer of immovable property---Non-registration of title document---Effect---Document, proof of---Procedure---Contention of plaintiff-wife was that suit property was transferred in her favour in lieu of dower---Suit was dismissed concurrently---Validity---Transaction in question could not be termed as dower deed or transfer of property in lieu of dower---Dower had been paid/tendered but subsequently plaintiff-wife gave the same back to her husband for business requirements which amount husband could not return---Impugned transaction was in the nature of acknowledgement debt whereby 100 tolas gold was given as debt to the husband---Any document that had transferred title with regard to immovable property had to be compulsorily registered and if same was not registered then no right could be created with regard to such transaction---Plaintiff had not proved dower deed in accordance with the provisions of Qanun-e-Shahadat---Document should be witnessed by two witnesses who were required to be called in evidence---Plaintiff had not produced both the marginal witnesses of impugned dower deed in witness-box---Even the scribe and stamp vendor were not called to prove the document on account of non-availability of marginal witnesses---Mere tendering a document had no evidentiary value unless proved in accordance with law---Dower deed was neither registered nor proved in accordance with the provision of Art. 79 of Qanun-e-Shahadat---Appeal was dismissed in circumstances. PLD 2003 Pesh. 1; PLD 1997 Lah. 364; 2003 MLD 954; PLD 1996 SC 256; PLD 1996 Lah. 367; 1994 MLD 1622; 1990 SCMR 28 and 2004 MLD 1033 ref. PLD 2003 SC 410; 2013 YLR 2439; 1989 CLC 698; 2000 MLD 1638; Muhammad Javed Shafi v. Rashid Ahmed PLD 2015 SC 2012 and PLD 2002 SC 84 rel. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- Through this consolidated judgment we shall decide the instant appeal as well as R.F.As. Nos.90, 95 and 96 of 2014 as they arise out of consolidated judgment and decree dated 16-7-2014. 2.…