Law: Transfer of Property Act (IV of 1882)

Section: 54 , 76

Transfer of Property Act (IV of 1882)--- ----S. 54---Qanun-e-Shahadat (10 of 1984), Art. 76---Civil procedure Code (V of 1908), 5.100---Sale transaction---Proof---Two sale deeds of land in question, one in favour of plaintiffs and the other in favour of defendants---Vendor disowned sale deed which was in favour of defendants while acknowledged that in favour of plaintiffs---Plaintiffs were also found to be in possession of land in question, which had been transferred to them by vendor under the sale-- Defendants claiming to be owners of land in question, on basis of sale-deed could not produce original sale-deed --Execution of sale-deed was not proved satisfactorily by defendants by production of secondary evidence---Neither stamp vendor, who sold stamp papers on which sale-deed was scribed nor deed-writer who had scribed sale-deed nor one of the marginal witnesses was produced in support of alleged sale deed---Counsel's statement of vendor's identity was not helpful who besides being a practising advocate of the area was involved in local body politics and was thus, interested in his vote bank-- No person from the village came forward to give evidence or was associated with execution of sale-deed---Possession of land was not with the defendant--- Having regard to an overall view of record in the light of facts and circumstances of case, Courts below had rightly found that sale of land in favour of defendants by sale-deed in question relied upon by them was not established while plaintiffs were rightly adjudged its owners in possession on the basis of registered sale-deed in their favour---Concurrent findings on question of fact were, thus, immune from further scrutiny in second appeal. Mst. Akhtari Begum v. Muhammad Qasim 1993 CLC 2250; AIR 1969 SC 255 and AIR 1971 SC 2439 rel. Sh: Naveed Shehryar for Appellants. Ch. Khurshid Ahmad for Respondents. Date of hearing: 31st January, 1994. JUDGMENT Land measuring 9 Kanals comprised in Khasra No. 35/2, situated in revenue estate Panjorian in Tehsil Kharian of District Gujrat belonged to one Farzand Ali. In the first   instance, he was alleged to have sold it out to Ahmad Din, Allah Ditta and Adalat Khan…