| Case ID |
e343dee7-4dbc-4595-8f2d-5fa5b3981fb8 |
| Body |
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| Case Number |
Civil Appeal No.12 of 2010 |
| Decision Date |
Dec 12, 2011 |
| Hearing Date |
Dec 02, 2011 |
| Decision |
The Supreme Court of Azad Jammu and Kashmir dismissed the appeal filed by the petitioner, Sohbat Ali, against Muhammad Alam. The court concluded that the thumb impressions on the sale-deed were identical to those of the petitioner, thereby validating the authenticity of the document. Consequently, the appeal was dismissed with no order as to costs. |
| Summary |
In the landmark case of Civil Appeal No.12 of 2010, the Supreme Court of Azad Jammu and Kashmir adjudicated on a significant dispute involving alleged forgery of a sale-deed. Petitioner Sohbat Ali contended that the sale-deed dated 30th December 1969 was fabricated and did not execute it, challenging Muhammad Alam's claim of ownership over the disputed land. Critical to the case was the expert testimony of a Finger Print Expert, whose analysis conclusively matched the thumb impressions on the sale-deed to those of Sohbat Ali, thereby affirming the document's authenticity. The courtroom proceedings highlighted vital aspects of evidence admissibility under Qanun-e-Shahadat (10 of 1984) Art. 59 and the Specific Relief Act (I of 1877) S. 42. Lawyers Khalid Rasheed Chaudhry and Muhammad Mehfooz presented compelling arguments, but ultimately, the court upheld the lower judgments, dismissing the appeal without costs. This case underscores the paramount importance of expert evidence in legal disputes over document authenticity and property rights, setting a precedent for future litigation in Azad Jammu and Kashmir. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Finger Print Expert,
Additional Registrar,
Court Branch Registry Mirpur
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CHAUDHRY MUHAMMAD IBRAHIM ZIA, J
|
| Lawyers |
Mr. Khalid Rasheed Chaudhry,
Ch. Muhammad Mehfooz
|
| Petitioners |
SOHBAT ALI
|
| Respondents |
MUHAMMAD ALAM
|
| Citations |
2012 SLD 1081,
2012 PLD 1
|
| Other Citations |
Muhammad Sarwar and another v. Fazal Rehman 1982 CLC 1286,
Muhammad Zaman Khan v. Sher Afzal Khan PLD 1984 SC(AJ&K) 138,
Muhammad Mehrban v. Mst. Rizwana Bibi 2006 SCR 243,
Khan Muhammad Badar v. Mst. Roshni 2008 SCR 46,
Dil Muhammad and another v. Sain Das and others AIR 1927 Lah. 396,
Langer and others v. Ch. Muhammad Shafi 1994 MLD 2169 rel.
|
| Laws Involved |
Qanun-e-Shahadat,
Specific Relief Act (I of 1877)
|
| Sections |
Art. 59,
S. 42
|