Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--Art.77---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether in dismissing defendants' appeal with regard to the sale-deed and the rent note, High Court was mainly influenced by the fact that both the documents were in possession of defendants, yet they had not cared to produce them in Court, that in the absence of original documents secondary evidence with regard to their contents was inadmissible under Art.77, Qanun-e-Shahadat, and to examine the contention of the appellants that the original sale-deed was in fact produced before the Court which after examining the same had allowed defendants to place a copy thereof on the record, and whether in the circumstances, it could not be said that original sale-deed was not- produced in Court by defendants, and whether High Court was not justified in decreeing the suit of plaintiffs with regard to the sale-deed at least. (b) Transfer of Property Act (IV of 1882)--­ ----S.54---Execution of sale-deed---Proof---Plaintiffs' witnesses instead of supporting their case contradicted them with regard to non-execution of sale-deed from which it could be safely concluded that plaintiffs had not come to Court with clean hands and part of their claim having been negatived by their own witnesses, their denial about the execution of sale-deed could not be accepted as gospel truth particularly when their predecessor who executed the documents before independent qualified deed writer and attesting witnesses and received consideration before the Sub-Registrar, during his lifetime, never challenged the documents in question or denied receipt of consideration--­Defendant appearing as his own witness produced original sale-deed which was returned to him by Court after perusal and copy of same was exhibited--­Defendant who had appeared before the Sub-Registrar at the time of registration of sale-deed and payment of sale consideration was not cross-­examined either about the due execution of sale-deed or payment of sale consideration before Sub-Registrar---Evidence on record thus, fully showed that sale-deed was duly executed by the predecessor of plaintiffs and…

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