Law: Specific Relief Act, 1877

Section: 42

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

Section: 79,129(g)

(a) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 79 & 129 (g)---Suit for declaration---Sale mutation---Proof---Requirements---Maxim: secundum allegata et probata---Applicability---Contention of plaintiff was that impugned sale mutation was outcome of fraud and misrepresentation---Suit was decreed concurrently---Validity---Sale mutation did not create any title or right in the immovable property---Beneficiary of mutation was bound, not only to prove its attestation but also establish the original transaction reflected therein---Attestation of mutation was a subsequent stage whereas prior to it the transaction must have been effected among its parties---Essential details with regard to settlement of transaction pertaining to time, month, venue and names of witnesses before whom it was struck down should be provided by the beneficiary in his pleadings so that same could be proved later on---No such detail had been provided by the defendant in his written statement---Oral sale mutation being a document involving financial obligation had to be proved as per mode provided under Art. 79 of Qanun-e-Shahadat, 1984---Such document could only be used as evidence until two attesting witnesses at least had been called for the purpose of proving its contents, execution and construction---If beneficiary failed to examine required number of witnesses to prove sale mutation then there would be adverse presumption against him---Nothing was on record with regard to payment of sale consideration to the vendor---Impugned mutation having been attested in the office of Revenue Office, which being militant to the basic provisions, could not sustain in the eye of law---Vendor was on death bed when impugned mutation was sanctioned---Courts below were justified to decree the present suit---No illegality, irregularity or mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees---Revision was dismissed in circumstances. Niaz Ali and 16 others v. Muhammad Din through Legal Heirs and others 1993 CLC 1374; Ghulam Hussain and others v. Imam Bakhsh and 9 others 1995 MLD 1165 and Qasim Ali v. Sher Muhammad 2007 YLR 1770…

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