Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Transfer of Property Act (IV of 1882)--S. 41--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to examine whether "Nikahnama" was admissible as an instrument of transfer of property and even if it was so admissible, whether appellant was not entitled to protection under S.41 of Transfer of Property Act being its bona fide purchaser for valuable consideration from an ostensible owner. (b) Muslim Family Laws Ordinance (VIII of 1961)-­ ---S. 5--Nikahnama--Entries relating to alienation of property--Evidentiary value of--Such Nikahnama, entries wherein mentioned alienation of property in lieu of dower, did not make it an instrument or document of transfer of property but it was to be taken merely as a record of it--Columns contained in Nikahnama clearly indicated that they referred to arrangement that had already been subscribed to, by the parties--Such record is prepared only to verify those events which had already happened--Contemporaneous preparation of a record of events before the controversy had arisen, would be good evidence for proving the state of facts in controversy--Document of Nikahnama coupled with the evidence of the person who solemnized such "Nikah" and witnessed all the recitals contained therein, would be sufficient in the ordinary course, to prove factum of alienation of property in lieu of dower, unless there was strong rebuttal of it. Jesa Ram and others v. Ghulaman and another A I R 1936 Lah.816: Muhammad Din and another v. Mst. Sardar Bibi and others A I R 1927 Lah. 666 and Arif Hussain and Azra Parveen v. The State P L D 1982 F S C 42 ref. (c) Civil Procedure Code (V of 1908)-- ---O.VIII, R.2--Failure to raise plea at lower forum--Effect--Appellant's plea that Nikahnama produced before Trial Court and admitted in evidence, was not correct copy of contents of Nikahnama, had been raised for the first time before Supreme Court--Failure of appellant to raise such plea at an earlier stage and his submission to its being brought on record without objection, would not entitle him to attack genuineness of that document. (d) Muslim Family Laws Ordinance (VIII of 19141)-- ---S. 5--Transfer of Property Act (IV of 1882),…

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