| Citation(s) |
|---|
| 2003 SLG 3948 2003 SLD 3948 2003 PLD 676 |
Supreme Court of Pakistan
Civil Appeal No. 955 of 1996, Dated: 25th March, 2003. Date of hearing: 25th March, 2003.
RANA BHAGWANDAS, JUSTICE AND SARDAR MUHAMMAD RAZA KHAN, JUSTICE
Mian Saeedur Rehman Farrukh, Advocate Supreme Court for Appellant. Khawaja Mushtaq Ahmad, Advocate-on-Record for
Respondent.
Civil Appeal No. 955 of 1996, Dated: 25th March, 2003. Date of hearing: 25th March, 2003.
RANA BHAGWANDAS, JUSTICE AND SARDAR MUHAMMAD RAZA KHAN, JUSTICE
Mian Saeedur Rehman Farrukh, Advocate Supreme Court for Appellant. Khawaja Mushtaq Ahmad, Advocate-on-Record for
Respondent.
MUHAMMAD KHAN
VS
MST. RASUL BIBI
Law:
Section:
(a) Registration Act (XVI of 1908)---.--- ---.----S. 60---.---Execution of power of attorney---.---In the absence of adequate and strong evidence, presumption in favour of execution of the power-of-attorney could not be lawfully drawn. Gangamoyi Debi v. Troiluckhya Nath Chowdhry ILR XXXIII Cal. 537 (PC) and Pirla v. Noora PLD 1976 Lah. 6 ref. (b) Qanun-e-Shahadat (10 of 1984)---.--- ---.----Arts. 82 & 79---.---Execution, in the context of Arts. 82 & 79 Qanun-e¬-Shahadat, 1984 not only meant signing by the executant but it meant and included attestation as well, which was the last of the series of acts necessary to give completeness and formal validity to a deed---.---Necessity of calling the attesting witness was not merely to prove the signature of the executant but to prove attestation as well---.---If the said witness turned hostile or refused to prove execution or attestation, other witness may be called for the same purpose. Jaikarandas v. Protapsing AIR 1940 Cal. 189 ref. (c) Registration Act (XVI of 1908)---.--- ---.----S. 60---.---Certificate of registration is only to show the execution of the document and presumption beyond that could not be drawn there-from. Muhammad Sher v. Muhammad Azim PLD 1977 Lah. 729 and Piara v. Fattu AIR 1929 Lah. 711 ref. (d) Registration Act (XVI of 1908)---.--- ---.----S. 60---.---Certificate of registration---.---Presumption---.----Only presumption, which could be drawn from the certificate of endorsement was that registration proceedings were regular and honestly carried out---.---If, however, in the given circumstances of a case, genuineness or bona tides with regard to the execution of a document were in doubt then the inquiry could be held in this behalf and no presumption to the effect that such and such document had actually been executed by a genuine person in all circumstances, could be drawn. Gopal Das v. Sri Thakurji AIR 1943 PC 83 ref. (e) Registration Act (XVI of 1908)---.--- ---.----Ss. 60 & 59---.---Certificate of registration---.---No legal presumption would arise from the, registration of a document as regards legality of its execution---.---Provision of S.60, Registration Act, 1908 provided…
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