Law: Civil Procedure Code (V of 1908)

Section: S.52,100,O.XLI,XXIX,R.1,2,31

Law: Registration Act, 1908

Section: 17

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42-A(1)

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

Section: 17(2)(A),79

Civil Procedure Code, 1908 (V of 1908)-- ----S. 52 & O. XXIX, R. 1, 2--Qanun-e-Shahadat Order, (10 of 1984), Art. 17(2)(A)--Suit for perpetual and temporary injunction--Dismissed--Appeal--Dismissed--Concurrent findings--Execution of will--Authenticity of document--Existing of Notary Public Act/Ordinance--Requirement of registration Act--Non-production of marginal witness--Principal of res judicata--Challenge to--Matter pertaining to financial or future obligations, if reduced to writing, instrument shall be attested by two men or one man and two women, so that one may remind other, if necessary and evidence shall be led accordingly--"Will" attested by Notary Public was not authorized for attestation of said document because neither Notary Public Act/Ordinance was existing in field in year 1978 nor any type of license of Notary Public had been issued--Once it is found that Will, which had been tendered to serve as foundation was doubtful entire edifice built thereon will fall to ground--Record reveals that said Will is unregistered--Law is well settled that a Will of this kind whereby interest in any immovable property valuing more than Rs.100 is sought to be created requires to be registered compulsorily under Section 17 of Registration Act and if it is unregistered it has to be ignored straightway--An instrument is a fraudulent, beneficiary of instrument has to prove its genuineness and in case he proves it person so alleging as to refute it--Admittedly, authenticity of "will" was not proved by respondents by producing satisfactory evidence--Record also reveals that neither statements of author of disputed document nor marginal witness namely Muhammad Afsar Khan have been recorded--Respondents have not claimed any relief in respect of land bearing survey No. 2024 but surprisingly Court below has issued decree in favour of respondents in respect of said land--Matter regarding Will has been adjudicated by trial Court and has not been challenged, hence, this case is hit by principle of resjudicata is devoid of any force because a decree, which has been obtained fraudulently does not attain finality and is liable to be set-aside even it has not been…

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