Law:

Section:

(a) Specific Relief Act (I of 1877) --------- ----------S. 42 --------- Qanun-e-Shahadat (10 of 1984), Art. 100 --------- Suit for declaration --------- Ghair Dakhilkar --------- Status --------- Thirty years old document --------- Presumption --------- Sale deed --------- Proof --------- Procedure --------- Contention of defendants was that they had purchased the suit property --------- Suit was decreed by the Trial Court but same was dismissed by the Appellate Court --------- Validity --------- Plaintiff was owner in possession of suit property --------- Possession of defendants on the suit property was being Ghair Dakhilkar which could not confer any right or title --------- Thirty years old document had presumption of correctness and due execution was attached to it but court was not bound to presume every document which was thirty years old as genuine and duly executed --------- Mere passage of period of thirty years or more alone would not confer any genuineness to a document --------- Producer of said document had to prove that the transaction embodied in the deed was genuine one --------- Defendants had not tried to incorporate the sale deed in the Jamabandi pertaining to the suit property --------- Non-registration and non-incorporation of sale deed in the revenue record had cast doubt on its genuineness and authenticity --------- Sale deed in favour of defendants had not been proved in accordance with law --------- Scribe of sale deed was dead but defendants could have produced legal heirs of scribe and of the marginal witnesses to verify their signatures on the deed --------- Defendants had failed to produce register of concerned stamp vendor to show that the stamp paper was issued in their favour on which transaction was scribed --------- Non-production of stamp vendor's register had prejudiced the case of defendants --------- Plaintiff had established his case through reliable and convincing evidence but defendants had failed to prove their stance put forth by them in the written statement and evidence --------- Trial Court had rightly appreciated and scrutinized the evidence available on record --------- Impugned and decree passed by the Appellate…

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