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

Section: 129(g)

Law: Specific Relief Act, 1877

Section: 42,54

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(g)---Specific Relief Act (I of 1877), Ss. 42, 54---Suit for declaration and permanent injunction---Withholding best evidence---Scope---Plaintiffs claimed that the suit land was allotted to their predecessor by the Deputy Commissioner but the defendants were illegally interfering in their possession---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Burden was on the shoulders of plaintiffs to prove that the allotment order was an official document---Mere assertion or placing the document with plaint could not amount to admissibility of document---Plaintiffs had not filed application before the court for calling the record from the office of Deputy Commissioner---When the party without any reason withheld the best evidence the presumption under Art. 129(g) of the Qanun-e-Shahadat, 1984 could be drawn against him/them---Testimonies of plaintiffs witnesses were contradictory with each other---None of the witnesses stated year and month of alleged allotment in favour of the plaintiffs---Plaintiffs had failed to point out any misreading, non-reading of evidence, any illegality or irregularity in the s of the courts below---Revision petition was dismissed. Asif Mowjee v. Zaheer Abbas 2005 CLC 877 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117, 118--- Burden of proof---On whom burden of proof lies---Scope---Burden lies upon the party who seeks the court to give as to any legal right---Any person who seeks upon existence of fact then has to prove the same through cogent, reliable, consistent, oral or documentary evidence---Party seeking relief would have to discharge its burden---Where the party fails to discharge the burden of proof in a suit he must fail---The words onus of proof mean that the party on whom onus lies must discharge the same through reliable, cogent and consistent evidence---Where the evidence is inconsistent then he must fail. Habib Khans case PLD 2012 Pesh. 80 rel. (c) Pleadings--- ----Evidence beyond pleadings---Scope---Plea not taken in pleadings cannot be allowed to be proved and no evidence can be led or looked into to support such plea. Firdos Khan v. Zain…

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