Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)----Document, execution of---Proof---Where plaintiff had produced convincing evidence to substantiate execution of a document, then mere denial of defendant would not shatter same without substantiating same from record. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.19---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration---Plaintiff and defendant being brothers jointly purchased state land in defendant's name---Defendant through agreement acknowledged half share of plaintiff and delivered him his share of land---Plaintiff filed suit when later on dispute arose between two brothers---Trial Court decreed suit---Appellate Court dismissed suit, which was upheld by High Court in revision---¬Validity---Plaintiff had produced convincing evidence to substantiate execution of agreement---Mere denial of defendant would not shatter same, unless and until same was substantiated from record---None of the forums below had doubted execution of agreement---Findings of Appellate Court affirmed by High Court were that such agreement had been c :eluted without securing prior permission from Collector under S. 19 of Colonization of Government Lands (Punjab), Act, 1912--Defendant could not back out from agreement by pleading that same was violative of S.19 of the said Act---Equities were in favour of plaintiff, who had successfully substantiated execution of agreement by defendant---Delivery of possession of his share of land to defendant as co-sharer had been proved through Revenue Record as well as oral evidence---Supreme Court accepted appeal, set aside impugned s of High Court and Appellate Court and decreed suit. ORDER TANVIR AHMAD KHAN, J.---This order shall dispose of C.P.L.A. No.3420-L of 2001 and C.P.L.A. No.3421-L of 2001 which are directed against a consolidated judgment, dated 1-8-2001 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Civil Revisions Nos.270-D of 1990 and 271-D of 1990 whereby the learned Single Judge of the High Court had dismissed the civil revisions of the petitioners maintaining the earlier determination of the learned…

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