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

Section: 129(g),85

Law: Specific Relief Act, 1877

Section: 42,39

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 85---Specific Relief Act (I of 1877 ), Ss. 42 & 39---Suit for declaration and cancellation of instrument (registered sale-deed)---Execution of aregistered instrument, denial of---Public document, status of---Beneficiary of transaction/document---Burden of proof---Claim of the plaintiff / father was that he was owner of the suit-house, regarding which neither sale was settled nor any consideration was received, rather his signatures over blank papers were deceitfully procured to maneuver the subject instrument(sale-deed), which being outcome of forgery and fraud was liable to be cancelled---Plea of the defendant / son was that a true sale was made against consideration and subject -sale deed was genuinely executed/registered---Defendant /son filed revision before High Court as the Lower Appellate(District) Court, while reversing decision passed by the Civil Court, decreed the suit instituted by plaintiff/father---Validity---Party, which approaches the Court to seek some relief, has to first prove its stance/allegation, however once it is discharged/shifted, then in cases like the present one, it becomes obligatory for the beneficiary to prove that a genuine transaction while accomplishing its ingredients was struck before the witnesses and in lieu thereof document was executed---Per spirit of Art. 85 of the Qanun-e-Shahadat, 1984, only registered instrument, the execution whereof was never denied, falls within the category of public document and the one, whose construction is doubted or questioned, then it is sine qua non for the beneficiary to prove it per modes prescribed for the proof of private document---Plaintiff was over the age of 100 years and no independent advice was with him, when sale-deed (exhibited by the defendant ) was written or presented before the Attesting Officer for its registration---Although, the plaintiff admitted to having signed the papers, but with the claim that at that very point of time, the papers contained no writing---No illegality as well as mis-reading/ nonreading of evidence or jurisdictional defect was committed by the lower Appellate Court while decreeing the suit of…

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