PROVINCE OF SINDH vs RAHIM BUX S — 2022 CLC 2063 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 2063 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: PROVINCE OF SINDH vs RAHIM BUX S
Subject matter: Civil
Provisions referred to: S. 42---Q; S. 42---S; Sindh Land Revenue Act (XVII of 1967)

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

PROVINCE OF SINDH VS RAHIM BUX S.42---Qanun-e-Shahadat (10 of 1984), Arts. 85 & 76---Sindh Land Revenue Act (XVII of 1967), S.42---Suit for declaration---Mutation entry---Making of that part of periodical records which relates to landowners---Cases in which secondary evidence relating to documents may be given---Public documents---Scope---Respondents had claimed ownership of the suit land whereas the claim of government (petitioners) was that the land belonged to Irrigation Department---Trial Court and Appellate Court concurrently decreed the suit---Validity---Original ownership of the person from whom the title was being derived had to be proved and only then the subsequent ownership or for that matter the mutation entries could be looked into---No allotment order or any other document was produced before the Court which could prove the ownership of the predecessor of respondents---Petitioners had placed reliance on a notification which showed that the suit land was State owned---Notification was declared by the Courts below to be inadmissible in evidence being a photocopy---Notification was admittedly a public document within the meaning of Art. 85(1) & (4) of the Qanun-e-Shahadat, 1984 and was admissible in evidence in terms of Art. 76(f) of Qanun-e-Shahadat, 1984---Revision application was allowed and the judgments of courts below were set aside.

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