Mst. NARGIS BEGUM vs ASFANDIAR S — 2021 YLRN 101 PESHAWAR-HIGH-COURT

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Mst. NARGIS BEGUM VS ASFANDIAR S. 5, Sched.--- Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for recovery of properties by wife---Cognovit---Scope---Suit-property (house and agricultural land) was allegedly gifted to plaintiff's husband (one of the defendants), who had transferred the same to his wife/plaintiff---Cognovit (consenting written-statement) was filed by the defendant/ husband---Held, that though respondent (petitioner's husband) had submitted his cognovit, but he had not appeared in the witness-box in order to prove the factum of gift, being beneficiary of deeds and executants of one gift-deed---When the deeds were categorically denied then the petitioner (plaintiff)/wife was required to prove not only execution of deed(s) but also the factum of gift---Respondent-husband was an important person, in the case, who could have deposed in petitioner's favour, subject to the cross-examination by contesting respondents---Petitioner and husband-respondent were, admittedly, still married and living in the same house---Petitioner, in circumstances, was in a better position to produce her husband-respondent as her witness or he (husband) himself could appear as a defense witness in support of his cognovit---When best available evidence was not produced then in accordance with Art. 129(g) of the Qanun-e-Shahadat, 1984, adverse inference would be drawn against the party, who withheld such evidence---Constitutional petition was dismissed, in circumstances.

Mst. NARGIS BEGUM vs ASFANDIAR S — 2021 YLRN 101 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported