Case Details

Citation(s)
1991 SLG 1893 1991 SLD 1893 = 1991 PLD 400
Lahore High Court
Civil Revision No. 799-D of 1986, heard on 2nd February of 1991,
Fazal brim and khalid Paul Khawaja, JJ

MUHAMMAD MUSHTAQ and another------Petitioners

VERSUS

BASHIR. AHMAD CHAUDHRY and another-------Respondents

Law:

Section:

(a) Transfer of Property Act (IV of 1882)

----S. 54---Qanun-e-Shahadat (10 of 1984), Arts. 75 & 76---Rival sale-deeds relating to property in question, produced by petitioners and respondent-- Proof---Petitioners' documents i.e. Agreement of sale and sale-deed having been admitted by vendor/respondent were proved to have been executed by her-- Documents produced by respondent/vendee i.e. receipt, agreement of sale and sale-deed were not proved to have been executed by the vendor/respondent-- Such documents produced by respondent/vendee were not original but were copies of the original---Production of copies of documents was violative of the provisions of Art. 75, Qanun-e-Shahadat 1984, whereby documents must be proved by primary evidence except in cases therein mentioned---Evidence could be given of the existence, condition or contents of a document in the cases mentioned in clauses (a) to (i) of Art. 76, Qanuan-e-Shahadat---Case, therefore, did not fall within clauses (a) to (i) of Art. 76---Respondent vendee* having produced copies of originals, objection to their admissibility was duly raised-- Respondent vendor had denied . execution of documents in favour of respondent/vendee ---Except for respondent/vendee's statement, there was not a speck of evidence in support of execution of those documents---Scribes of these deeds and persons alleged to have witnessed execution of such documents were not called as witnesses---Respondent vendee's lone statement could hardly be relied upon, or considered sufficient proof of execution of deed by respondent vendor---Such documents were, thus, not proved in circumstances (pp. 409, 410] A, B & C

(b) Registration Act (XVI of 1908)---

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