Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 117--Burden of proof--Agreement to sell was reduced into writing--Suit was transferred--Two marginal witnesses--Validity--Mere taking of a stance in pleadings is not sufficient, but same has to be proved by producing cogent, reliable, trustworthy and confidence inspiring evidence--Art. 117 of Qanun-e-Shahadat Order, 1908 elaborates that such person will be under burden to prove any stance which he asserts in pleadings. [P. 175] A Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 17--Agreement to sell--Competence and number of witnesses--Validity--According to Art. 17 of Qanun-e-Shahadat Order, 1984, it is provided that for proving a document two witnesses are required to be produced. [P. 176] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 79--Execution of agreement to sell was proved--Proof of--Marginal witness was admittedly died and marginal witnesses were produced--Validity--It is mandatory to prove contents of a document by producing two truthful witnesses--Scribe of document could be examined by party for corroboration of evidence of marginal witnesses or in eventuality those were conceived by Art.79 of Qanun-i-Shahadat Order, 1984, itself not as a substitute--When marginal witnesses have been produced by predecessor of respondents, evidence of scribe is of no value. [P. 176] C & D Colonization of Government Lands Act, 1912 (V of 1912)-- ----S. 19--Civil Procedure Code, (V of 1908), S. 115--Agreement to sell and renewed agreement to sell--Contents of two documents--Signatures--Revisional jurisdiction--Validity--Point involved in additional issue regarding necessary permission of Collector under Section 19 of Colonization of Government Lands Act, same has rightly been appraised and addressed by Appellate Court and does not call for any interference by High Court--In revisional jurisdiction Court has only to see, whether any irregularity, illegality and wrong exercise of jurisdiction vested in a Court has been committed--It is well settled by now that High Court cannot interfere in findings on question of law or facts, howsoever, erroneous in exercise of its revisional/jurisdiction. [P. 178]…

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