Law:

Section:

(a) Specific Relief Act (I of 1877)----- -----S. 42-----Transfer of Property Act (IV of 1882), S. 54-----Qanun-e-Shahadat (10 of 1984), Arts. 129 (g) & 78-----Suit for declaration-----Limitation-----Sale deed-----Proof-----Non-appearance of plaintiff in witness box-----Effect-----Contention of plaintiff was that he was owner in possession of suit land and sale deed in favour of defendant was illegal, void and was result of fraud and misrepresenta-tion-----Suit was decreed by the Trial Court but the same was dismissed by the Appellate Court-----Validity-----Defendant being beneficiary of sale deed had failed to produce the scribe, identifier, Sub-Registrar and one of the marginal witnesses of the same before the Trial Court to prove the valid execution of sale deed-----Best evidence had been withheld by the defendant without any justification-----Inference under Art. 129 (g) of Qanun-e-Shahadat, 1984 had to be drawn against the defendant-----Solitary statement of one marginal witness of sale deed was not sufficient to prove its valid execution-----Beneficiary could not succeed to prove his case as pleaded in the written statement in absence of such best evidence-----No presumption of truth would attach to the registered document the execution of which had been disputed-----Execution of such document had to be proved by production of relevant evidence-----Defendant being beneficiary was bound to prove that executant had validly sold out the suit property in terms of disputed sale deed after receiving the entire sale consideration and possession of suit land was delivered to him in pursuance thereof-----Defendant being beneficiary should have produced the witnesses in whose presence the bargain of sale was struck and price was paid to the vendor-----If payment or the consideration of the alleged sale had not been proved on record, there could be no sale in the eye of law-----Whenever any instrument/deed/ document was challenged, the burden would lie on its beneficiary to prove the same as well as original transaction embodied in the said document which he was required to fall back upon-----Beneficiary had failed to prove the sale transaction alleged to have…

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