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

Section: 79,100,129(g)

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 79, 100 129(g)--- Original document not produced---Secondary evidence not properly produced---Thirty years old document losing its sanctity---Suit property was state land which was originally allotted to Y and A from whom the predecessor in interest of appellants/defendants (G) purchased the same through agreement to sell---G entered into agreement to sell with the respondents/plaintiffs with the condition that the respondents would pay the rest of the installments due regarding the allotment of the land (G had paid only 2 instalment)---Respondents/plaintiffs alleged that they paid all the instalments due to Y and A and that they were owners in possession of the land since then without any interruption---G filed an ejectment application before Assistant Commissioner/ Revenue Court which had dismissed the same declaring that G could not prove himself as the owner of the land---G filed suit (earlier suit) for specific performance against Y and A which was decreed by Trial Court---Respondents filed the present suit against G which was dismissed by Trial Court---Appellate Court reversed the of Trial Court---Appellants/defendants contended that the respondents filed the suit on the basis of agreement to sell, which was neither executed by G nor had any agreement to sell settled between the parties; that on the said date G had no status in the property; that he purchased half share from Y; that document exhibited was a premature agreement to sell and was a fictitious/forged document; that original document had not been produced and the copy produced before the court was inadmissible to be considered in evidence; that no witness of the said document had been produced before the court; that witnesses who merely certified that the copy was issued with a signature, could be said to be the witness of that document; that claim on the basis of revenue proceedings could not be considered to ascertain the ownership of any party; that the proceedings of the revenue department could not be taken into consideration for the confirmation of any title of the property; that respondents had knowledge of the litigation between G and Y and…

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