Law:

Section:

Evidence Act (I of 1872)-----S. 80--Qanun-e-Shahadat Order (10 of 1984), Art. 91--Suit for declaration that sale-deed was a fictitious document--Allegation of fraud--Non-appearance of plaintiffs as their own witness--Effect-­Adverse inference--Plaintiffs failing to appear in witness-box in support of their case--Court, held, was justified in drawing adverse inference against plaintiff s--Defendant-vendee, a Pardanashin lady-­Mere fact that evidence on record showed that at time of registration of sale-deed persons other than plaintiffs appeared before Registrar would not lead to conclusion that no sale at all had taken place or plaintiffs did not execute the sale-deed--Petition dismissed as devoid of merits. Muhabat v. Abdullah PLD 1970 Lah. 303; Mrs. Swarnam Iswariah v. K.M.S.R.M. Kanappa Chetty AIR 1941 Mad. 704 and Pandurang Jivaji Apte v. Ram Chandra Gangadhar Ashtekar 1983 PSC 909 distinguished. ORDER SAAD SAOOD JAN, J.--The petitioners seek leave to appeal from the judgment dated 27-11-1979 of the Lahore High Court whereby their second appeal from the Judgment of the Additional District Judge, Faisalabad affirming the judgment and decree of the trial Court was dismissed. 2. The petitioners are the successors-in-interest of Feroz Khan and Adalat Khan who were the paternal-cousins of Yaqub Khan, husband of the respondent, Yaqub Khan died issueless whereupon 1/4th of the land left by him was inherited by the respondent and the remaining came to the share-of Feroz Khan and Adalat Khan and the sister of Yaqub Khan. On 30-7-1961 Feroz Khan and Adalat Khan allegedly executed a sale-deed in favour of the respondent transferring a part of their share in the said land to her for a sum of Rs.6,000/-. The sale-deed was registered on 17-8-1961. On 18-5-1963 Feroz Khan and Adalat Khan brought a suit for a declaration, inter alia, to the effect that the said sale-deed was a fictitious document obtained by the respondent through fraud and impersonation and that they had not received any consideration for selling the land. The suit was dismissed by the trial Court after holding that fraud and non-payment of consideration had not been established 3. From the judgment and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492