Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117, 118, 119 & 126---Purchase of immoveable property vide sale mutation---Proof and burden of proof---Presumption of owner-ship---Burden of proof lay on the plaintiffs (purported purchasers) and not on the Municipal Corporation, which claimed ownership of subject property---Plaintiffs neither produced evidence of their ownership nor evidence of the ownership of the purported sellers from whom they allegedly bought the property---Evidence of the payment of sale consideration was also not brought on record---Furthermore purported sellers were not arrayed as parties to the suit---Courts below disregarded the presumption of ownership of the Corporation which was and had been receiving rent from the tenants of the shops constructed on the subject property---Suit filed by plaintiffs was dismissed. Plaintiffs claimed that they had purchased the property from the purported sellers for six million rupees through an attested sale mutation. However, they did not array the purported sellers as parties to the suit. Evidence of the payment of the sale consideration was also not produced. Admittedly, despite their purported purchase of the property its possession remained with the Corporation which continued to receive rent from the shops constructed on the property. The plaintiffs did not offer any explanation why they bought the property when neither its physical nor constructive possession was delivered to them by the purported sellers, nor was the right to collect rent from the tenants of the shops given to them. At the time of the purported sale, subsequently and throughout rent was received by the Corporation and at no stage was it received either by the plaintiffs, the purported sellers or their predecessor-in-interest. The plaintiffs also did not establish the entitlement of purported sellers' predecessor-in-interest to the property. They did not summon any official/officer from the Settlement Department which had purportedly issued the 'RL-II' and letter for subject property in favour of sellers' predecessor-in-interest. Trial Court disregarded all these shortcomings, and placed the burden of proof on the Municipal…

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