Law: Specific Relief Act, 1877

Section: 8,42,54

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

Section: 117,120,129(g)

Specific Relief Act (I of 1877).......... ..........-Sections 8, 42 & 54..........Qanun-e-Shahadat (10 of 1984), Arts.117, 120 & 129(g)..........Suit for possession, declaration and injunction..........Beneficiary of document..........Onus to prove..........Withholding of evidence..........Plaintiff claimed that she was owner of plot in question and alleged that transfer application and proceedings before Capital Development Authority in her name were fraudulent proceedings in favour of defendant..........Suit filed by plaintiff was decreed in her favour by Trial Court..........Validity..........Discrepancies and material contradictions present on record proved that beneficiary i.e. defendant did not discharge onus rather he failed to prove due transfer of suit plot in his favour..........Defendant withheld independent evidence to prove his claim and made no efforts to produce or call any evidence from Capital Development Authority officials in his favour..........Defendant had to discharge onus under Art.117 of Qanun-e-Shahadat, 1984, as beneficiary of transaction of document was obliged / duty bound to prove the same..........Trial Court had rightly passed and decree in favour of plaintiff and rightly declared that entire transfer was result of fraud..........Appeal was dismissed in circumstances. Abdul Karim Nausherwani and another v. The State through Chief Ehtesab Commissioner 2015 SCMR 397; Hafiz Tassaduq Hussain v. Muhammad Din through legal heirs and others PLD 2011 SC 241 and Farid Bakhsh v. Jind Wadda and others 2015 SCMR 1044 ref. 2015 SCMR 1 rel. JUDGMENT MOHSIN AKHTAR KAYANI, JUSTICE.......... Through this Regular First Appeal, appellant has challenged the judgment and decree dated 30.03.2013 passed by the Civil Judge, 1st Class (East), Islamabad. 2. Brief facts of the suit are that appellant purchased plot No.54, Model Village Chak Shahzad from respondent No.1 against the total sale consideration of Rs.825,000/- through Oral Agreement, out of the total sale consideration a sum of Rs.180,000/- was paid by the appellant and remaining amount of Rs.6,45000/- was to be paid before transfer of suit plot from CDA, the same was transferred with…

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