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

Section: 79

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Proof of execution of document required by law to be attested---Factum of sale---Burden of proof---Document to be proved by producing two attesting witnesses---Admittedly, the suit property was not in the names of alleged vendors and petitioner claimed that he had purchased property from alleged vendors---Petitioner was under obligation to prove the factum of sale---Petitioner had not produced witness of sale deed and even failed to produce the alleged vendors in order to prove the factum of sale purchase---Alleged vendors were important witnesses but without any reason they had not been produced---Petitioner contended that he had purchased the property in question and so burden of proof laid on the petitioner to prove his contention by cogent and consistent evidence---Article 79 of Qanun-e-Shahadat, 1984 provided that the document was to be proved by producing two attesting witnesses---In the present case, none of the witnesses had stated that sale consideration was paid in their presence at time of sale deed---Burden of proof laid on beneficiary of a document---Even wrong placement of burden on opposite party would not absolve the beneficiary from proving that the sale deed was valid---Civil revision was dismissed, in circumstances. Wali Muhammad Khan v. Mst. Amina 2018 SCMR 2080; Khaliq Dad Khan v. Zeenat Khatoon 2010 SCMR 1370 and Fida Hussain v Murid Sakina 2004 SCMR 1043 and Muhammad Andleeb Raza v. Muhammad Nazar 2019 YLR 1974 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Scope of revisional jurisdiction of High Court is limited---Usually High Court does not interfere in concurrent findings of fact recorded by the courts below unless and until there is misreading or non-reading of evidence and violation of law---Revisional jurisdiction only applies to the cases involving non-existence or irregular exercise of jurisdiction---Power under S. 115, C.P.C. not to be considered analogous to the power exercised in appeal. Sawali v. Gul Muhammad PLD 2000 Quetta 8 and 1997 SCMR 1139 rel. JUDGMENT ABDUL HAMEED BALOCH J.---The petitioners assailed judgments…

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