Law:

Section:

Evidence Act (I of 1872)---- ----S. 68---Qanun-e-Shahadat (10 of 1984), Art.79---Constitution of Pakistan (1973), Art.185(3)---Execution of document---Proof---Concurrent findings of fact by the Courts below---Dispute was with regard to the execution of sale-deed---Petitioners denied execution of the sale-deed in favour of respondent---All the Courts below had concurrently decided the matter in favour of the respondent---Contention of the petitioner was that the document had not been proved in accordance with provisions of Art.79 of the Qanun-e-­Shahdat, 1984, and the s of the Courts below were an outcome of misreading of evidence---Validity---Sale-deed in question was executed prior to the promulgation of the Qanun-e-Shahadat, 1984, therefore, its execution was to be proved in the light of the provisions of S.68 of the erstwhile Evidence Act, 1872, and not under Art.79 of the Qanun-e-Shahadat, 1984--­Execution of the sale-deed was proved in the light of the statement of one of the marginal witnesses and the testimony of the witness was not vulnerable to any .criticism and its effect could not be offset by the ipse dixit of the petitioner---No misreading or non-reading of evidence had been found in the s passed by the Courts below---Supreme Court declined to interfere with the s passed by the Courts below---Leave to appeal was refused. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---The dispute in this petition pertains to ownership of a shop situated in Shahpur City, District Sargodha. The parties are real brothers and it appears from the record that the suit shop was purchased by the respondent Nazar Muhammad by virtue of a registered sale-deed dated 22-1-1979. A suit was filed by the petitioner for a declaration to the effect that the suit shop was owned by him and the sale-deed dated 22-1-1979. in favour of the respondent being fictitious, fabricated d fraudulent was void and ineffective on his rights. After a hot contest the suit was dismissed by the learned trial Court on 3-1-1998 on the ground that the petitioner had failed to substantiate his…

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