Law: Qanun-e-Shahadat (10 of 1984)

Section: 76,100

Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Balochistan Tenancy Act, 1978

Section: 63,64

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Thirty years old documents---Presumption of truth---Presumption of truth of thirty years old document, was not imperative, but it was satisfaction of the court to assume the contents thereof and signatures appearing thereon were of a particular person or persons---Article 100 of Qanun-e-Shahadat, 1984 provided that 30 years old document if produced from the proper custody and was free from any suspicion; court could presume signature on it and any part thereof' which purported to be in handwriting of the particular person---Such principle would equally apply to certified copies of documents of 30 years old. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Secondary evidence---Production of---Mere production of copy of original document would not be enough to entitle party to suit to produce secondary evidence, unless condition laid down in Art.76 of Qanun-e-Shahadat, 1984 for production of secondary evidence stood satisfied suggesting that original document was either lost or was not traceable. PLD 1983 Quetta 52 ref. (c) Balochistan Tenancy Act (XXIV of 1978)--- ----Ss. 63 & 64---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and perl31anent injunction---Trial Court, though after having gone through the pleadings of the parties, framed issues but no issue was framed regarding maintainability of the suit inview of S.63 of Balochistan Tenancy Act, 1978---Courts below also fell in error before proceeding with the case to consider the relevant law dealing with the dispute---Contents of the plaint clearly indicated that respondents filed suit on the ground that tenants were not paying them Haq-e-Malkana and sought their eviction from the land on that ground, which exclusively fell within the jurisdiction of Revenue Court constituted under Balochistan Tenancy Act, 1978---Courts below, without considering legal proposition of law, having illegally proceeded with the case, s/decrees impugned therein, were without jurisdiction High Court while exercising its revisional jurisdiction, interfered in concurrent findings of Courts below, based on…

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