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MIRAJ BIBI vs AKBAR KHAN Ss — 2021 PLD 159 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 159 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
MIRAJ BIBI vs AKBAR KHAN Ss
Subject matter
Civil
Provisions referred to
S. 54---S; Property Act (IV of 1882)

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

MIRAJ BIBI VS AKBAR KHAN Ss. 42 & 39---Transfer of Property Act (IV of 1882), S. 54---Suit for declaration---Cancellation of mutation---Sale transaction---Fraud---Scope---Plaintiff claimed that the patwari obtained his thumb impression and signature on certain documents on the pretext of attestation of inheritance mutation, however, he subsequently came to know that impugned sale mutation was sanctioned in favour of the defendant---Trial Court decreed the suit whereas Appellate Court dismissed the appeal---Validity---Perusal of roznamcha revealed that no reference to sale was made therein---Naib Tehsildar who had accorded sanction to the mutation had categorically admitted that the seller had not signed and thumb impressed in his presence---Marginal witnesses to the impugned mutation were examined before the Court, albeit, they had refused to get recorded any statement regarding authenticity or otherwise of the mutation---Preponderance of evidence was surely in favour of the plaintiff, as he was able to produce strong and sufficient evidence in support of his claim, while the defendant had remained unable to produce any solid and credible evidence to substantiate her claims and more so the entire evidence produced by the defendant was not worthy of credence to diminish the evidentiary value of what was produced by the plaintiff---Defendant had desperately failed to prove the sale transaction appearing/embodied in the impugned mutation by producing the witnesses in whose presence the sale price was paid---Revision petition was dismissed, in circumstances.

Other judgments reported in 2021 PLD

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