Law:

Section:

(a) Transfer of Property Act (IV of 1882), S. 53-A Part performance, doctrine of Document both unregistered and unstamped-Ordinarily not admissible in evidence-Such document, however, in nature of family arrangement and acted upon by all interested parties, as by taking possession of their respective shares-Can be treated as, and admitted in, evidence. (b) Evidence Act (I of 1872), S. 115-Estoppel-Document unregistered and unstamped but in nature of family arrangem3nt and acted upon by all interested parties by taking possession of shares allotted to them in pursuance thereof-Raises estopp3l against parties concerned and prevents them from making claim to share allotted to another-Such document admissible in evidence to consider if question of estoppel arises-Transfer of Property Act (IV of 1882), S. 53-A. (c) Practice and procedure-Objection as to admissibility of document not raised in trial Court-Not allowed to be raised in second appeal. (d) Practice and procedure - Person admitting power-of -attorney before trial Court and making statement under authority conferred by such power-of-attorney-Objection as to admissibility of power-of-attorney in evidence not permitted to be raised during second appeal. (e) Evidence Act (I of 1872), S. 66, proviso 2-Notice to produce original document-Person in possession of original docu ment knowing from nature of case that he will be required to produce original-Notice to produce original document not neces sary in circumstances. (f) Maxim-----Nullus commodum capere potest de injuria sua propria" (no man shall take advantage of his own wrong) Person previously making statement on oath that certain property belonged to certain person-Cannot subsequently claim to be joint owner of that property along with that another-No one can be given benefit and advantage of his own fraud. Mian Muhammad Saeed v. Province of West Pakistan P L D, 1964 S C 572 rel. (g) Evidence Act (I of 1872), S. 115-Estoppel-M expressly acknowledging in document that certain property belonged to A M also authorising his son by power-of-attorney to get mutation effected in revenue records in name of A-Mutation effected on statement of M's son-M…