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

Section: 100,179,79

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

Section: 100,179,79

Law: Evidence Act, (1 of 1872)

Section: 90

Qanun-e-Shahadat (10 of 1984)-------Art. 100---Specific Relief Act (I of 1877), S.42---Suit for declaration---Presumption of truth regarding document of 30 years old---Plaintiffs had claimed that suit land fell in their sole ownership and occupation of their forefathers by way of private partition and alleged that they were in possession of suit land as owners and that entries of Revenue Record as owners in the name of defendant be declared illegal and liable to he corrected in favour of plaintiffs---Both the Trial Court and Appellate Court had dismissed the suit for want of evidence---Validity---Plaintiffs filed documents which were thirty years old---Said documents though were not registered documents, but they carried presumption of truth as Article 100 of Qanun-e-Shahadat, 1984 was applicable in the case as said documents were produced from proper custody in evidence---Said documents had been written on stamp papers in `Dogra Regime', containing no forgery in their recital---Document in question appeared to be genuine, there should have been no hesitation for the court to presume the said document as genuine document being 30 years old---Evidence produced by the defendants, was not supporting their claim and same could not inspire confidence---Impugned s concurrently passed by the courts below, were set aside and decree in favour of plaintiff was granted as prayed for in original suit. 2001 MLD 493; Muhammad Durwaish v. Haji Muhammad Hussain alias Haji, Gul and 7 others 1999 CLC 106; Muhammad Hanif and 16 others v. Muhammad Latif Khan and 10 others 2001 MLD 493 and Wazir Muhammad and 2 others v. Ali Muhammad and others PLD 1982 SC (AJ&K) 37 ref. Abdul Latif Datt and Abdul Qayyum Ansari for Appellants. Ch. Riaz Alam for Respondents. ORDER RAFIULLAH SULTANI, J.--- This appeal is directed against the judgment and decree of Additional District Judge Camp, Mirpur dated 26-11-2005, whereby the judgment and decree of Senior Civil Judge, Mirpur dated 11-2-2005 was maintained. Brief facts arising from the instant appeal are that appellants/ plaintiffs filed a declaratory suit against the respondents/defendants regarding land comprising Survey Numbers 506, 382,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492