Law:

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Constitution of Pakistan (1973)----Art. 185(3)--Findings of fact--Failure to produce original document-­Presumption arising from--Onus of proof--Suit for declaration-­Respondent denying execution of sale-deed and seeking annulment of sale transaction--Petitioners having failed to produce original deed of sale, presumption arising against them that they had deprived respondent of opportunity to disprove execution of deed by producing cogent evidence--Suit decreed and decision upheld in appeal and revision-­Findings of fact by Courts below not suffering from any substantial defect--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 25th February, 1986, of the Lahore High Court; whereby petitioners' Civil Revision arising out of a declaratory suit, was dismissed. According to the facts given by the learned counsel Mst. Walayat Bibi the predecessor-in-interest of the respondents sold 14 Marlas 21, S. the disputed land out of 2 Kanals 18 Marlas to the petitioners through registered deeds. She, however, disowned the transaction as also the execution of the deeds and filed a suit for seeking a declaration to that effect and annulment of the sale. The suit was decreed on the finding of fact that she had not executed the deeds. The appeal and revision of the petitioners having been dismissed, they have now sought leave to appeal. The main consideration which weighed with the learned Judge of the High Court…

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