| Citation(s) |
|---|
| 2005 SLG 1868 2005 SLD 1868 2005 PLD 43 |
Sindh High Court
Civil Revision Application No. 68 of 2003, decided on 15th September, 2003
SYED ZAWWAR HUSSAIN, JAFFERI, J
Miss. Faiz-un-Nissa Channa for Applicant.
Civil Revision Application No. 68 of 2003, decided on 15th September, 2003
SYED ZAWWAR HUSSAIN, JAFFERI, J
Miss. Faiz-un-Nissa Channa for Applicant.
Miss. FaiZuNNissa Channa for --Applicant. WAZIR KHOSO--Applicant
VS
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S. 39---Limitation Act (IX of 1908), Art. 120---Registration Act (XVI of 1908), S.60---Qanun-e-Shahadat (10 of 1984), Arts. 59, 84 & 129(e)---Suit for cancellation of registered sale-deed---Plaintiff (husband) alleged such deed was got prepared by defendant (wife) by producing fictitious person before Sub-Registrar---Plaintiff filed suit more than ten years after execution of such deed by asserting that he came to know about its execution a week before filing of suit---Plaintiff in support of his version neither produced sufficient evidence nor attesting witnesses nor scribe of such' deed nor applied for sending his signature/thumb impression to Handwriting Expert for comparison nor examined any official or called for record of Sub-Registrar Office---Defendant produced original deed and examined witness, who had witnessed such deed---Held: Suit was apparently time-barred---Sanctity was attached to such deed---In absence of strong evidence, neither genuineness of such deed could be doubted nor same could be cancelled---Plaintiff had failed to prove non-execution of such deed in favour of defendant. 2000 SCMR 1058 ref. (b) Specific Relief Act (I of 1877)--- ----S. 39---Registration Act (XVI of 1908), S.60---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---Cancellation of registered sale-deed on ground of being prepared, fraudulently---Proof---Sanctity was attached to such document---Strong evidence would be required to doubt genuineness of such document in absence of which, same could not be cancelled as same conferred security on human dealings. ORDER This Civil Revision application is directed against the Impugned judgment dated. 9-6-2003 and decree dated 13-6-2003 passed by the learned Additional District Judge, Mehar in Civil Appeal No. 13 of 2001 whereby the judgment dated 30-5-2001 and decree dated 7-6-2001 passed ` by the learned Senior Civil Judge, Mehar in F.C. Suit No.58 of 1996 re: Wazir v. Provinc;e'of Sindh and others was maintained: The facts as enumerated in the case are that agricultural land bearing S. No.518 (0-24) acres and S.No.148 (2-36) acres situated in Deh Baledai, Taluka Mehar was owned and…
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