Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Art. 79---Evidence Act (I of 1872), S.68---General Clauses Act (X of 1897), S.6---Document, proof of---Procedure---Failure to produce two attesting witnesses---Effect---Execution of disputed sale-deed and filing of suit, prior to promulgation of Qanun-e-Shahadat, 1984---Piea raised by the petitioner was that the respondent failed to produced two attesting witnesses thus the disputed sale-deed was not proved in terms of Art.79 of Qanun-e-Shahadat, 1984---Validity---To prove execution of document/deed under S.68 of Evidence Act, 1872, examination of one attesting witness was required---Repeal of any law under S.6 of General Clauses Act, 1897 does not affect anything not in force or existing at the time when the repeal had taken place----New law of evidence i.e. Qanun­e-Shahadat, 1984, came into existence in the year 1984, disputed sale-­deed was scribed in the year 1963 and the suit was filed in the year 1983---Disputed sale-deed having been scribed and the suit filed prior to the promulgation of Qanun-e-Shahadat, 1984, execution of the deed was to be proved in the light of S.68 of Evidence Act, 1872, and not under Art. 79 of Qanun-e-Shahadat, 1984---Both the Courts below had rightly relied upon the disputed sale-deed---High Court declined to interfere with the s and decrees passed by both the Courts below in circumstances. Civil Petition No. 557/L of 1999 ref. Ghulam Naqashband Khan for Petitioner Gulsadbar for Respondents. Date of hearing: 9th May, 2002. JUDGMENT This revision petition is directed against the judgment and decree dated 22-9-1992 delivered by Civil Judge, Tangi whereby the suit filed by respondent No. 1 Momin Khan, was decreed against which the appeal filed by the petitioners and others was also dismissed by the learned Additional District Judge, Charsadda on 21-6-1995. 2. The brief facts of the case are that respondent No. 1 Momin Khan filed Suit No. 108/1 on 9-4-1983 seeking declaration to the effect that he was owner of land measuring 220 Kanals, 5 Marlas comprising Khasra No. 1272 situated in Mauza Hissara Nehri. District Charsadda on the basis of sale-deed (unregistered) dated 29-6-1963 executed in his…

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