Law: Qanun-e-Shahadat (10 of 1984)

Section: 100

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 100---Presumption logic behind it---Scope---Original document to be presented before the Court---Presumption is completely rebuttable ---Presumption is attached only to a-document, which purports to or is proved to be thirty years old---In case the original document is not before the Court no assessment can be made by the Court as to whether same, in fact, is thirty years old, or whether there are any signatures in original on the document or whether such signatures are legible, capable of being discriminated or deciphered and further capable of being compared with any other signatures---Unless the original is before the Court, no such observations can be made. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100--- Presumption--- Applicability--- Original document, production of-- -Requirement---Rebuttable presumption is discretionary and the Court may or may not resort to the presumption---Such presumption attached to thirty years old document carries logic behind it---If the document is proved to be thirty years old, the chances of forgery are minimized---Fleeting passage of time casts certain peculiar features upon the documents' tenor, the texture, the language, the signature, the thumb-impression, the specific date, the existence of witnesses and the paper on which it is written---All such features cannot be attended to, examined and appreciated unless the document in original is before the Court---To derive benefit of oldness form a document of thirty years, it must be produced in original. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Execution of eviction order---Predecessor-in-interest of the landlords purchased the premises from predecessor-in-interest of tenants through registered sale-deed---After the sale of the premises, the tenants remained in possession of the premises as tenants through rent deed--­Tenants dragged the landlords in different civil litigations and failed twice up to the level of Supreme Court---Effect---There were concurrent findings of three Courts against the tenants essentially,…

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