Case Details

Citation(s)
2002 SLG 1945 2002 SLD 1945 2002 CLC 1244
Peshawar High Court
Civil Revision No. 158 of 1995, decision dated: 11-03-2002
TALAAT QAYUM QURESHI, J
Saeed Baig for Petitioner. Sheikh Wazir Muhammad for
Respondents

GHULAM SIDDIQUE

VS

Mst. AJAIB and others

Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 8---Qanun-e-Shahadat (10 of 1984), Art.72---Civil Procedure Code (V of 1908), S.115---Recovery of possession of suit property--­Concurrent findings of fact by the Courts below---Forged receipt---Onus to prove---Plaintiff being owner of the suit property had sold the same to the defendants against a sum of Rs.20,000 out of which a sum of Rs.16,000 was received earlier and the remaining amount of Rs.4,000 was to be received after ten years---Plaintiff asserted that the defendants failed to pay the balance amount of Rs.4,000, therefore, the possession of the property would be delivered to him---Defendants produced a receipt according to which the plaintiff had received the balance amount--­Plaintiff alleged that the disputed receipt was forged and fabricated--­Original receipt was neither placed on record nor the plaintiff denied his signatures thereon during the cross-examination---Trial Court and Appellate Court dismissed the suit and appeal respectively ---Validity--­Onus was on the plaintiff to prove by positive evidence that the disputed receipt was forged and fabricated---Mere denial of the plaintiff was not sufficient to set at naught the evidence produced by the defendants--­Concurrent findings of fact by the Courts below of competent jurisdiction could not be set aside, in the absence of any jurisdictional error or defect or misreading or non-reading of evidence or any other material irregularity warranting interference of High Court in exercise of revisional jurisdiction---High Court declined to interfere with the s and decrees passed by the Courts below---Revision was dismissed in circumstances. Maung Ba Kyaw and another v. Nanigram Jaganath AIR 1934 Rang. 316 distinguished. Muhammad Muzaffar Khan v. Muhammad Yousuf Khan PLD 1959 SC (Pak.) 9; Feroz v. Sher and others PLD 1985 SC.254; Taus Khan v. Muhammad Shuaib 2002 MLD 651; Muhammad Amin v. Karam Das AIR 1924 Lah. 203; Sukh Dew v. Parsi AIR 1940 Lah. 475 and Saadullah v. Ibrahim AIR 1952 Lah. 518 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 59 & 72 to 89---Execution of document ---Proof---Procedure---Executing a document is signing a document as…
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