| Case ID |
451b63f9-b5a9-47cd-8f9d-382d5e7cdc88 |
| Body |
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| Case Number |
Civil Revision No. 518 of 1989 |
| Decision Date |
Aug 24, 1999 |
| Hearing Date |
Jun 09, 1999 |
| Decision |
The Lahore High Court reversed the judgments and decrees of the lower courts, which had misread and failed to properly consider the evidence presented. The court highlighted that the onus of proving fraud lies with the person alleging it. In this case, the plaintiff's claims of fraud regarding the sale-deed were not substantiated, as the defendant successfully demonstrated the legitimacy of the sale through credible witnesses. The court found that the plaintiff had failed to discharge her burden of proof and dismissed her suit, declaring the sale-deed valid and the mutation void. |
| Summary |
In this significant case from the Lahore High Court, the court examined the principles surrounding allegations of fraud in property transactions under the Specific Relief Act. The core issue revolved around the plaintiff's claims that a sale-deed was executed through impersonation, which she alleged led to her losing ownership of a property. The court ruled that the burden of proof lies with the plaintiff, emphasizing the need for clear evidence when fraud is alleged. The court ultimately dismissed the plaintiff's claims, reinforcing the importance of proper legal procedures and the validity of registered documents. This case serves as a pivotal reference for future property disputes involving allegations of fraud, highlighting the necessity for clear and convincing evidence in such cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIM SIKANDAR, J
|
| Lawyers |
Muhammad Farooq Chishti,
Khan Zahid Hussain Khan
|
| Petitioners |
KHALILUR-REHMAN
|
| Respondents |
Mst. HALIM KHATOON
|
| Citations |
2001 SLD 2652,
2001 PLD 63
|
| Other Citations |
PLD 1989 SC 11,
PLD 1993 SC 336,
1992 SCMR 1778,
PLD 1986 SC 519,
PLD 1969 SC 167,
1973 SCMR 335,
1981 CLC 985
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
39
|