| Citation(s) |
|---|
| 2018 SLG 513 2018 SLD 513 2018 CLC 478 |
High Court Appeals Nos. 34 and 64 of 2003, decision Date : 31-03-2017. hearing Dates: 12th, 20th, 27th January and 3rd February, 2017.
MUHAMMAD ALI MAZHAR, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Syed Aijaz Hussain Shirazi for Appellant (in H.C.A. No. 34 of 2003) and for
Respondent (in H.C.A. No. 64 of 2003). Suleman Hudda for Appellants (in HCA No. 64 of 2003) and for
Respondent (in H.C.A. No. 34 of 2013).
FAHIM SAEED
VS
MST. YASMEEN AND 3 OTHERS
Law:
Section: 8,42,56
Specific Relief Act (I of 1877)--- ----Ss. 8. 42 & 56---Qanun-e-Shahadat (10 of 1984), Art.129, Illustration (e)---Suit for recovery of possession of immovable property, declaration and injunction--- Registered sale deed--- Presumption--- Plaintiff claimed to be owner of suit house on the basis of registered sale deed executed against consideration by husband of defendant followed by a rectification deed--- Defendant was ex-wife of the seller who vacated the house--- Defendant resisted her possession on the basis of an unregistered relinquishment deed---Single Judge of High Court partially decreed the suit in favour of plaintiff but declared that possession of defendant was not unauthorized---Validity--- No convincing/cogent evidence was available to conclude that registered sale deed followed by rectification deed were collusive and result of fraud, therefore, the two deeds were valid, intact and still held the field--- Presumption of truth was attached to registered document as per Art.129 Illustration (e) of Qanun-e-Shahadat, 1984--- Relinquishment deed was not a legal document for the purpose of alienating share of co-owner of suit property to defendant--- Such relinquishment deed was not binding upon plaintiff because ownership could only be transferred under the law--- Division Bench of High Court reversed the findings of single Judge of High Court to the extent of retaining possession over suit property---Intra-court appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Through this common judgment, we intend to decide the captioned High Court Appeals, as these appeals relate to same subject matter involving common questions of law and facts. 2. Through these appeals, both the appellants are aggrieved by the judgment and decree dated 19.12.2002 passed by the learned Single Judge of this court in Civil Suit No. 93 of 1997 (Re: Fahim Saeed v. Mst. Yasmeen and others) filed by Fahim Saeed through his father/ attorney namely Saeed Ahmed, whereby the learned Single Judge of this court after recording the evidence and hearing the parties, out of eight issues, six had decided in favour of Mst. Yasmeen except…
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