Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Declaration of title---Inheritance---Share of legal heirs, proof of---Principle---Whenever a party claims title as against inherited share of legal representatives of propositus, that party should substantiate his claim through positive evidence---No party can be obliged to prove the negative. (b) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 72, 117 & 120---Suit for declaration of title---Execution of will---Onus to prove---Non-production of original will---Attestation of mutation on the basis of will--Plaintiffs assailed mutation on the basis of will in favour of defendant by the predecessor-in-interest of the parties---Plaintiffs alleged the will to be a false and forged document---Trial Court and Appellate Court dismissed the suit and appeal respectively---Plea raised by the plaintiffs was that the original will was not produced by the defendant during the trial--­Validity---Mere fact that the mutation was attested would not ipso facto prove the execution of will---Will was allegedly presented before Revenue Authorities after the death of predecessor-in-interest of the parties, in these circumstances, the non-production of Will was fatal to the case of defendant---Plaintiffs had denied execution of Will by their predecessor-in-interest in respect of the suit property and in support of Will, the defendant had appeared as his own witness but did not support the document through any other witness---Other witness produced by the defendant deposed that the predecessor-in-interest of the parties had executed a Will on an ordinary piece of paper in favour of defendant and that it was after his death that the mutation was, attested according to the Will---Such statements without any other corroborative evidence was not sufficient to prove the execution of Will---No Revenue official was produced in evidence by the defendant---As the status of the plaintiffs as of legal heirs of the deceased owner of the suit property was undisputed and the Will in favour of defendant was not established, there was no impediment to the claim of the plaintiffs and other legal representatives of…

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