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MUHAMMAD QASIM TAREEN vs ABDUL KARIM BARYALAI Ss — 2021 PLD 116 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 116 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
MUHAMMAD QASIM TAREEN vs ABDUL KARIM BARYALAI Ss
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD QASIM TAREEN VS ABDUL KARIM BARYALAI Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Arts, 17 & 79---Suit for declaration and injunction---Sale deed, proof of---Onus to prove---Two attesting witnesses, non-production of---Concurrent findings of facts by two Courts below---Petitioner/plaintiff claimed to be owner in possession of cabin/Khokha on the plea that his father purchased it---Petitioner/ plaintiff did not produce evidence in regard of sale purchase of suit property---Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioner/plaintiff---Validity---Mere annexing document with plaint was not ipso facto proof of execution of document tendered in evidence without producing two attesting witnesses---For proving document attesting witnesses had to be compulsorily examined as per requirement of Art.79 of Qanun-e-Shahadat, 1984, otherwise such document was not to be taken as proved---Petitioner/plaintiff was duty bound to prove sale deed in case of denial by respondent/defendant---Petitioner/plaintiff neither produced a single witnesses nor any reason thereof for non-production of attesting witnesses---High Court declined to interfere in judgments and decrees passed by two Courts below---Revision was dismissed in circumstances.

Other judgments reported in 2021 PLD

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