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

Section: 100

Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Suit for declaration---Private partition---Document more than thirty years old---Presumption of correctness---Scope---Plaintiffs filed suit that private partition of suit property had been effected regarding which agreement had been executed whereas defendants filed suit for joint possession---Suit filed by the plaintiffs was dismissed whereas that of defendants was decreed---Validity---Presumption of correctness of document executed more than thirty years back was permissive and not imperative---Even a document was thirty years old and was produced from proper custody, Court was not bound to presume its genuineness---Court was to decide such presumption under Art. 100 of Qanun-e-Shahadat, 1984 in a judicious manner---Plaintiffs had admitted that defendant had constructed a building on the suit land in their presence---Plaintiffs were estopped by their conduct and they could not claim that the building be demolished---Plaintiffs could not claim any right on the basis of a document which had been violated on their behalf---Courts below had rightly not attached the presumption of truth to the document relied upon by the plaintiffs on the ground that same was more than thirty years old---Plaintiffs had failed to point out any mis-reading or non-reading of evidence in the impugned s passed by the Courts below---Second appeal was dismissed, in circumstances. 2019 SCR 622; PLD 2005 SC 455; 2019 YLR 1310; 2001 YLR 161 and 2004 CLC 882 ref. Jang Bahadar and others v. Toti Khan and another 2007 SCMR 497 and Ch. Muhammad Shafi v. Shamim Khanum 2007 SCMR 838 rel. THIS JUDGMENT DELIVERED BY: RAZA ALI KHAN, JUSTICE:---.--- This appeal has been filed against the judgment and decree recorded by the learned District Judge, Poonch dated 09.01.2014, whereby, the judgment and decree passed by the learned Civil Judge Court No. 1, Rawalakot dated 24.03.2010 has been maintained. Precise facts of the case are that Major Khadim Hussain Khan and others, appellants herein, filed a suit for declaration and possession against Muhammad Akhtar and others, respondents herein, in the Court of Civil Judge Court No. 1, Rawalakot, stating, therein,…

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