Law:

Section:

(a) Punjab Land Revenue Act (XVII of 1967)-------S.42---Suit for declaration---Oral sale---Ingredients---Mutation of oral sale--- Proof---Requirements and procedure--- Rapt roznamcha--- Scope--- Contention of plaintiff was that sale mutation was result of fraud and misrepresentation---Suit was dismissed concurrently---Validity---Entries in the mutation had no presumption of correctness prior to incorporation in the record-of-rights---Such entries were admissible in evidence but these required to be proved by the person relying upon it independently through affirmative evidence---Oral transaction reflected in mutation entries neither conferred the title in favour of its beneficiary nor could establish the same---When plaintiff had made statement on oath and alleged commission of fraud in attestation of mutation and denied the transaction reflected therein then onus would shift upon its beneficiary to prove the valid attestation as well as transaction embodied therein---When any witness of mutation had died, beneficiary would be bound to produce any person familiar to his thumb impression to verify it on the disputed mutation---Defendant had failed to prove the payment of sale price to the plaintiff---If payment of consideration of alleged sale had not been proved on record, there could be no sale in the eye of law---Defendant had not been able to establish on record the essential elements of valid sale---If any of the ingredients of sale was missing then vendee had to suffer---Vendee had failed to produce Revenue Officer who attested the mutation in his favour---Best evidence had been withheld by the defendant---Revenue Officer was the best person who could prove the valid attestation of mutation---Party knowing whole circumstance of the case should give evidence on his behalf and to submit for cross-examination---Vendee's non-appearance in the witness box would be possible circumstance going to discredit the truth of his version---Defendant by not appearing in the witness box had failed to discharge the onus shifted on him---Non-appearance of vendee before the Court had created doubts with regard to attestation of oral sale mutation---Statement of special…