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

Section: 79

Qanun-e-Shahadat (10 of 1984)--- ---- Art. 79 --- Where execution of a registered document was denied by alleged executant, document would lose sanctity of being presumed to be correct and its veracity would depend upon quantum and quality of evidence to be produced to prove its execution --- Unless it was proved by producing impeccable evidence, finding could not rest merely on presumptions. Ch. Ghulam Mustafa Shehzad for Petitioner. Syed Najm-ul-Hasan Kazmi, Muhammad Kazim, Khan, Muhammad Yunis Ch., Abbas Ahmad Khan and Ijaz Ahmad Khan for Respondents. Date of hearing: 9th March, 1991. JUDGMENT This Revision calls in question the order dated 4-12-1990 of the learned Additional District Judge, Lahore, whereby he dismissed the petitioner-plaintiff's appeal against refusal on the part of the trial Court to give him temporary injunction. The petitioner's contention was that he occupied the plot in dispute ever since 1972 as its transferee under the orders of the then District Housing Officer, Lahore Township Scheme, Lahore; paid up all its dues vide receipt dated 23-4-1986; on his refusal to sell it to respondent-defendant No.2 he threatened to occupy it forcibly; faced with this threat he brought a suit on 21-1-1988 wherein he was able to obtain a temporary injunction meanwhile defendant No.3 correspondingly brought a rival suit before another Civil Judge; obtained an injunction therein and acting under the cover of the same, dispossessed him. He added that he reported his illegal dispossession to the police before whom the respondents-defendants put up a bogus power of attorney stated to have been executed by him in favour of defendant No.1, and likewise another bogus power of attorney executed by defendant No.1 in favour of defendant No.2, and a forged agreement to sell dated 19-10-1987 executed by defendant No.1 ' in favour of   defendant No.3 about the plot. He brought the present suit to assail the validity of those documents denying categorically having been a privy or party to them. He made an application for temporary injunction in order to restrain the respondents from acting upon the aforesaid forged documents or changing the nature of…