Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 79---Evidence Act (I of 1872). S.68---Execution of document--­Attesting witnesses-- -Document was attested by two witnesses---One of the two witnesses supported the execution of the document while the other witness denied the execution in his presence---Effect---Such evidence fell far short of the required standard to discharge the onus--­Document was not proved in circumstances. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Possession---Protection of S.53-A of Transfer of Property Act, 1882---Protection was claimed on the basis of agreement to sell--­Party in possession failed to prove the agreement---Effect---Where execution of the document was itself not proved, as a corollary the obtaining of possession under the agreement to sell did not arise--­No protection as offered by S.53-A of Transfer of Property Act, 1882, could be extended in circumstances. Naib-Subedar Taj Muhammad v. Yar Muhammad Khan and 6 others 1992 SCMR 1265 ref. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 45---Qanun-e-Shahadat (10 of 1984), Arts.79 & 129(e) --- Mutation, attestation of---Presumption of truth---Scope---Where owner of land and attesting witness of sale-deed denied the sale, such mutation would not have any probative value as the presumption stood rebutted in circumstances. (d) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 45---Entries in Roznamcha Waqiati---Evidentiary value---Where entry in Roznamcha Waqiati was not proved to have been made at the instance of the landowner and also not proved to have been signed by him, such entry would have no evidentiary value in circumstances. (e) Transfer of Property Act (IV of 1882)--- ----S. 54---Sale---Validity---No sale can be validated which is in violation of S.54 of Transfer of Property Act, 1882. Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411 distinguished. . (f) Punjab Pre-emption Act (IX of 1991)--- ----S. 2(d)---Transfer of Property Act (IV of 1882), S.54---Sale--­Concept---Concept of sale in Punjab Pre-emption Act, 1991, does not correspond to the mandatory requirement of S.54 of Transfer of Property Act, 1882. (g) Specific Relief Act…

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