Law:

Section:

(a) Registration Act (XVI of 1908)-----S.57(5)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine, whether in the circumstances of the case, certified copy of sale-deed registered on specified date was admissible in evidence and the Courts below had erred in law in ignoring the same. (b) Benami transaction-- --- Ostensible sale not by itself is sufficient to prove question of Benami transaction ---Benami transaction being a question of fact has to be proved on record. (c) Transfer of Property Act (IV of 1882)-- ---S.54---Sale---Proof---Prior to sale transaction there was agreement to sell between parties wherein it was clearly laid down as to how the consideration was to be paid---Transaction of sale was concurrently held by all the Courts below to be a valid sale and binding on the parties---Concurrent finding of fact supported by evidence on record evincing valid sale, was thus, not liable to be disturbed. (d) Qanun-e-Shahadat (10 of 1984)-- ---Art.79---Sale transaction---Defendant's plea was that the sale transaction in favour of plaintiff was in fact a Benami transaction---Only witness examined on defendant's side was the defendant himself who categorically admitted that he was not present at the time of execution of disputed sale transaction and the subsequent re-conveyance of property---Defendant thus, could not vouch for the genuineness of sale-deed---No attesting witness of reconveyance was examined and plaintiff had categorically denied having executed such a deed---Execution of sale-deed reconveying property was thus, not proved by any legal evidence. (e) Registration Act (XVI of 1908)--- ---S.57(5)---Oanun-e-Shahadat (10 of 1984), S.76(c)---Admissibility of evidence and proof---Distinction---Certified copy of registered deed without original being tendered--- Evidentiary value of. The only effect of section 57(5) of Registration Act, as plainly warranted by its terms is that the certified copy of a registered document "shall be admissible for the purpose of proving contents of the original document". Admissibility of evidence is to be distinguished from proof. The certified copy of a registered document may prove…

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