Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 39---Transfer of Property Act (IV of 1882), S. 54---Qanun-e-Shahadat (10 of 1984), Arts.17, 79 & 129(g)---Constitution of Pakistan, Art.4---Suit for declaration and cancellation of registered sale deed---Production of certified copy of document instead of original one---Secondary evidence. production of---Condition---Plaintiffs filed suit for declaration whereas defendants filed suit for cancellation of registered sale deed---Contention of plaintiffs was that they were owners of suit house and gift deed in favour of defendants was void and illegal---Both the suits were consolidated and suit of plaintiffs was decreed whereas that of defendants was dismissed concurrently---Validity---Whenever a party had claimed on the basis of sale deed then onus to prove validity of the same would shift on the person in whose favour such sale took place---Onus to prove the registered sale deed would shift to the vendee/beneficiary if execution of same was denied by the executant/vendor or his legal heirs----Beneficiary/vendee of sale deed was bound to prove the bargain and payment of money with regard to property by producing sufficient evidence---Presumption of truth attached to registered document was always rebuttable when the execution of same was denied---Registration of sale deed would not operate to pass the title to the vendee---Registration of deed was an event which would take place after the parties had already settled the transaction at some prior point of time at a particular place in presence of some witnesses and after having completed that transfer of sale they would proceed to reduce the same into writing and in the shape of registered deed thereof---Bargain between the vendor and vendee had not been proved through evidence in the present case---Sale deed was executed without the attestation of any marginal witnesses and said defect was sufficient to declare the disputed sale deed against the law---Any document/instrument which would create right had to be reduced into writing in presence of at least two witnesses---Mandate of Arts.17 & 79 of Qanun-e-Shahadat, 1984 had been violated when said sale…

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