| Case ID |
4278ee4a-9c86-4f27-bfa7-c0e90dd545d1 |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Apr 09, 1996 |
| Hearing Date |
Jun 15, 1996 |
| Decision |
The High Court dismissed the petition filed by the petitioners, affirming the decision of the lower courts which found in favor of the respondents. The case revolved around the validity of an exchange deed concerning agricultural land, which the petitioners contested on the grounds of fraud and misrepresentation. The trial court had found that the burden of proof rested on the petitioners to validate the authenticity of the exchange deed, which they failed to do. This included a lack of marginal witnesses and discrepancies in witness statements regarding the deed. The courts concluded that mere registration of the document did not suffice to establish its execution and validity. Thus, the concurrent findings of the trial and appellate courts were upheld, leading to the dismissal of the petition with no order as to costs. |
| Summary |
This case addresses the critical issues surrounding the validity of an exchange deed in the context of agricultural land. The respondents challenged the deed, claiming it was forged through fraud and misrepresentation by the petitioners, who were their tenants. The trial court's decision to decree the suit was based on the lack of evidence provided by the petitioners to substantiate their claims, particularly the absence of marginal witnesses and inconsistencies in testimonies. The High Court, while reviewing the case, emphasized that the petitioners bore the burden of proof and failed to meet this requirement, ultimately leading to the dismissal of their appeal. The case highlights the importance of proper documentation and the evidentiary standards required to support claims of ownership in land disputes. Key legal principles from the Qanun-e-Shahadat and the Specific Relief Act were applied, underscoring the necessity of credible evidence in property-related litigations. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI AKBAR QURESHI, JUSTICE
|
| Lawyers |
Malik Waqar Haider Awan,
Ch. Ayyaz Muhammad Khan
|
| Petitioners |
FAIZ MUHAMMAD THROUGH L.Rs.
|
| Respondents |
others,
MUHAMMAD BOOTA THROUGH L.RS.
|
| Citations |
2016 SLD 3582 = 2016 CLC 1744
|
| Other Citations |
Muhammad Tahir v. The State PLD 1984 Pesh. 56,
Cantonment Board through Executive Officer Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161,
Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469,
Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373,
Ahmad Nawaz Khan v. Muhammad Jaffar Khan and others 2010 SCMR 984,
Malik Muhammad Khaqan v. Trustees of the Port of Karachi (KPT) and another 2008 SCMR 428
|
| Laws Involved |
Qanun-e-Shahadat,
Specific Relief Act,
Civil Procedure Code
|
| Sections |
17,
72,
78,
79,
117,
42,
115
|