Case Details

Citation(s)
2020 SLG 980 2020 SLD 980 2020 SCMR 1065
Supreme Court of Pakistan
Civil Petition No. 2476-L of 2018, decided on 29th May, 2020, Date of hearing: 29th May, 2020.
IJAZ UL AHSAN, JUSTICE AMIN-UD-DIN KHAN, JUSTICE
Malik Muhammad Jamil Awan, Advocate Supreme Court for Petitioners. Iftikhar Ahmad Mian, Advocate Supreme Court for
Respondent No.6.

FAKHAR-UDDIN BUTT (DECEASED) THROUGH L.RS. AND OTHERS

VS

MANZOOR BAQAI AND OTHERS

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 3

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Forged and bogus Permanent Transfer Deed (PTD)---Patwari and record room, incharge of Settlement Department and senior clerk Revenue Department, testified against the petitioners and categorically stated that the PTD of the petitioners was not genuine and all relevant records established that it was bogus and forged---Further, there were entries and interpolations in the record which clearly showed tampering of the relevant registers and records going to the extent of replacing pages from the relevant registers and forging signatures---Superintendent Record, Board of Revenue, a witness summoned by the petitioners, testified against the petitioners and supported the case of respondents---Record indicated that in the Settlement record produced before the Court the entry in favour of predecessor-in-interest of the petitioners on CSC-V Register contained the words bogus written on it---Note on the said Register written by the Competent Authority confirmed the said fact---Said note stated that the entry appeared to be bogus and on the basis of examination of the pages and signatures of the officer in question, it could safely be concluded that the entry was prima facie made subsequently which was also indicated by the fact that the page had been torn off and a fresh page had been inserted in its place which contained writing in different ink, and a different handwriting---Further a categorical statement was made that even the signatures on the PTD and related documents in favour the petitioners were bogus and forged---Departmental functionaries had no personal interest in favour or against either of the parties---No allegation of bias or collusion was raised against any functionary of the department---Predecessor-in-interest of the petitioners admitted that he was not aware when he was dispossessed, he did not initiate any proceedings before the Board of Revenue/Settlement Department and did not approach any competent forum to recovery/restoration of possession for ten long years---Suit filed by respondents had rightly been decreed in their favour by the fora below---Petition for…
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