Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)---.--- ---.---S. 115---.---Civil revision---.---Sale mutation---.---Onus to prove valid transaction of sale as well as attestation of mutation shifted upon vendee being beneficiary---.---Failed to prove---.---Validity---.---When oral mutation of sale in favour of defendants i.e. real brothers of plaintiff was challenged, it was their duty to plead specifically event of struck of bargain of sale, payment of consideration, transfer of possession under sale in their written statement and then to prove not only attestation of mutation in accordance with law by solid and convincing evidence but also struck of bargain, payment of consideration and transfer of possession independent of attestation of mutation---.---No specific pleading in written statement with regard to events of struck of bargain, witnesses before whom bargain struck, payment of consideration, delivery of possession under sale nor same have been proved through evidence by defendants and even these important facts have not been put to plaintiff when she appeared as PW, nor one of defendants when appeared as DW stated said facts in Court---.---Civil revision was allowed. Oral Sale---.--- ---.---Documentary evidence---.---Mutation---.---Order of revenue officer---.---Consideration was received before khewatdaran and revenue officer---.---Not proved---.---Even patwari who entered and got attested mutation appeared as DW, he in his statement in chief did not state that money was paid in his presence but in cross-examination stated that in his presence plaintiff received consideration amount but his statement was not supported by documentary evidence---.---Petition was allowed. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision petitioner has challenged the judgment decree dated 14.6.2007 passed by learned Additional District Judge, Lodhran whereby appeal filed by the petitioner was dismissed and the judgment decree dated 09.01.2007 passed by learned Civil Judge 1st Class, Lodhran whereby suit filed by the petitioner was dismissed. 2. Brief facts of the case are that plaintiff-petitioner on 12.2.2002 filed a suit for declaration…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492