QAHAIM KHAN vs AMAR KHAN Ss — 2022 CLC 335 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 335 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: QAHAIM KHAN vs AMAR KHAN Ss
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908)

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

QAHAIM KHAN VS AMAR KHAN Ss.42 & 52---Qanun-e-Shahadat (10 of 1984), Arts.70 & 72---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Twenty two years of delay---Trial Court dismissed suit---Upheld by appellate court---Issue No. 4 resolved against respondent---Validity---Period provided for challenging mutation was 6 years---Both the courts below had overlooked the mutation entries effected in favour of respondents/defendants which was transferred by their father---Presumption of truth was attached to revenue entries which could not be discarded on verbal assertion unless proved through cogent trustworthy evidence---Documentary evidence would prevail over oral evidence if proved according to established procedure and law---Revision petition was dismissed accordingly. Head NotesCase Description

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