| Citation(s) |
|---|
| 2002 SLG 1426 2002 SLD 1426 2002 SCMR 1391 |
Supreme Court of Pakistan
Civil Petition No. 1884-L of 1998, decision dated: 4-03-2002. (On appeal from the judgment dated 17-9-1998 of the Lahore High Court, Multan Bench, passed in Civil Revision No. 196-D of 1997)
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND KHALIL-UR-REHMAN RAMDAY, JJ
Syed Sardar Shah Bokhari, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioners Rana Abdul Hamid, Advocate Supreme Court and Walayat Umar, Advocate-on-Record for
Respondents
Civil Petition No. 1884-L of 1998, decision dated: 4-03-2002. (On appeal from the judgment dated 17-9-1998 of the Lahore High Court, Multan Bench, passed in Civil Revision No. 196-D of 1997)
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND KHALIL-UR-REHMAN RAMDAY, JJ
Syed Sardar Shah Bokhari, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioners Rana Abdul Hamid, Advocate Supreme Court and Walayat Umar, Advocate-on-Record for
Respondents
MANZOOR AHMAD and 4 others
VS
MEHRBAN and 5 others
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S.42---Qanun-e-Shahadat (10 of 1984), Arts. 17(2) & 61---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration---Plaintiff challenged registered sale-deed executed by their deceased father in favour of defendants on the ground of same being forged---Trial Court decreed the suit--Appellate Court .set aside the decree and dismissed the suit, which was upheld by High Court in revision---Validity---Registered sale-deed had been executed on 17-8-1963, whereas plaintiffs had filed suit on 17-3-1984---Such inaction on the part of plaintiffs for about 20 years went a long way to attach sanctity to sale-deed---Possession of respondents over disputed land amply supported the authenticity of registered sale-deed, thus, non-examination of its attesting witnesses was not fatal---Plaintiffs' witness had admitted that thumb-impression on sale-deed appeared to be that of their father---Plaintiffs could not make mileage from report of finger expert as thumb-impression of their father affixed on disputed power of attorney had been sent to finger expert for comparison with his thumb-impression on sale-deed---No concrete instance of misreading or non-reading of evidence had been highlighted by plaintiffs---Supreme Court dismissed the petition and refused to grant leave to appeal. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.17(2)---Registered sale-deed---Execution, proof of---Non-examination of attesting witnesses---Effect---Where sale-deed was registered document and purchaser was in possession of disputed land on the 'basis thereof, then non-examination of its attesting witnesses would not be fatal. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---The dispute in this petition for leave to appeal relates to certain landed property situated in Mouza Sher Garh, Tehsil Chaubara, District Leyyah which was sold by one Ibrahim in favour of .the respondents through a registered sale-deed dated 17-8-1963. It has arisen in the circumstances that a suit was brought by the petitioners for a declaration to the effect that as legal heirs of Ibrahim they were owners of the land in dispute and the registered sale-deed dated 17-8-1963 in favour of…
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