Law: Transfer of Property Act, 1882

Section: 54

Law: Sindh Land Revenue Act, 1967

Section: 39

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Oral sale transaction---Proof---Disputed sale transactions were based merely on oral statements purportedly made by the deceased before the revenue authorities and allegedly witnessed by persons none of whom were from the side of the deceased---Additionally, the disputed statements of the witnesses neither contained their Computerized National Identity Card numbers nor their addresses, but only their purported thumb impressions, which showed that they were also illiterate---As none of the witnesses of the disputed statements were examined in Court, it was sufficient to hold that the transaction of sale had not been proved---High Court had rightly held that the appellants had failed to prove the disputed sale transaction---Appeal was dismissed accordingly. (b) Sindh Land Revenue Act (XVII of 1967)--- ----S. 39---Transfer of Property Act (IV of 1882), S. 54---Oral sale transaction---Proof---Revenue record---Village Form VII, manipulation in---Examination of the register of Village Form VII, showed that the page that contained one of the two disputed transfer entries was numbered as '58'---Font of the page number '58' was quite bigger than the page numbers on the remaining pages of the same register---Imprint of page number '58' was also much darker than the imprint of the rest of the page numbers of the same register---When pages of a register were numbered with a numbering machine, it was not possible that the size of numbers on pages would be different---Even the impression of ink on a particular page of a register would be the same in comparison to previous and subsequent pages---In the present case, the impression on page number '58' was much pronounced i.e. it was darker than the impression of page numbers on the earlier and subsequent pages---Page number 58 also appeared to have been subsequently inserted in the register as it was taped from the spine---All such circumstances led to the inference that page number '58' was not part of the same register but had been subsequently inserted with the intention to show a back dated transaction in order to defeat the plea of limitation in case the matter was…

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